Gladys Jahn v. Betty Spooner

• Court: Court of Appeals of Texas
• Decided: October 30, 2023
• Docket: 05-22-00199-CV
• Status: Published

Opinion

DISMISS and Opinion Filed October 30, 2023

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-22-00199-CV

GLADYS JAHN, Appellant V. BETTY SPOONER, Appellee

On Appeal from the 219th Judicial District Court Collin County, Texas Trial Court Cause No. 219-05005-2018

MEMORANDUM OPINION Before Chief Justice Burns, Justice Molberg, and Justice Goldstein Opinion by Chief Justice Burns We reinstate this appeal. This case was abated on June 6, 2022 due to

bankruptcy. See TEX. R. APP. P. 8.2. The Court conducted an independent review of

the federal Public Access to Court Electronic Records (PACER) system which

shows the bankruptcy case associated with this appeal was terminated on February

1, 2023, effectively dissolving the automatic stay.

We notified the parties by letter, requesting they inform the Court of the status

of the bankruptcy and of this appeal. We cautioned that the failure to respond would result in the appeal being dismissed for want of prosecution. To date, neither party

has responded.

Because we gave the parties an opportunity to show why we should not

dismiss the appeal for want of prosecution and no one responded, we dismiss this

appeal. See TEX. R. APP. P. 42.3(b), (c).

/Robert D. Burns, III/ ROBERT D. BURNS, III CHIEF JUSTICE

220199F.P05

–2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT

GLADYS JAHN, Appellant On Appeal from the 219th Judicial District Court, Collin County, Texas No. 05-22-00199-CV V. Trial Court Cause No. 219-05005- 2018. BETTY SPOONER, Appellee Opinion delivered by Chief Justice Burns. Justices Molberg and Goldstein participating.

In accordance with this Court’s opinion of this date, this appeal is DISMISSED.

Judgment entered October 30, 2023

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