G.M. Houser, LTD., Houser Materials, L.L.C., Collin-G Management, L.L.C., Collin-G Properties, LTD., and Gerald Houser v. Rodger, David E.

• Court: Court of Appeals of Texas
• Decided: May 6, 2021
• Docket: 05-11-00288-CV
• Status: Published

Opinion

DISMISS and Opinion Filed May 6, 2021

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-11-00288-CV

G.M. HOUSER, LTD., HOUSER MATERIALS, L.L.C., COLLIN-G MANAGEMENT, L.L.C., COLLIN-G PROPERTIES, LTD., AND GERALD HOUSER, Appellants V. DAVID E. RODGER, Appellee

On Appeal from the 382nd Judicial District Court Rockwall County, Texas Trial Court Cause No. 1-05-614

MEMORANDUM OPINION Before Chief Justice Burns, Justice Molberg, and Justice Goldstein Opinion by Chief Justice Burns We reinstate this appeal. This case was abated in 2011 due to bankruptcies of

three of the appellants. See TEX. R. APP. P. 8.2. Although the bankruptcies were

closed in November 2015 and June 2020, no parties informed the Court. See id. 8.3.

The Court learned the bankruptcies were closed while conducting an independent

review of the federal Public Access to Court Electronic Records (PACER) system.

By letter, we informed the parties that we had learned the bankruptcy cases

were closed and would dismiss the appeal for want of prosecution or for failure to

respond to a Court order or notice from the Clerk of the Court unless any party gave cause as to why it should not be dismissed. See id. 42.3(b),(c). To date, no 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 the

appeal. See id. 42.3(b),(c).

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

110288F.P05

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

G.M. HOUSER, LTD., HOUSER On Appeal from the 382nd Judicial MATERIALS, L.L.C., COLLIN-G District Court, Rockwall County, MANAGEMENT, L.L.C., COLLIN- Texas G PROPERTIES, LTD., AND Trial Court Cause No. 1-05-614. GERALD HOUSER, Appellant Opinion delivered by Chief Justice Burns. Justices Molberg and No. 05-11-00288-CV V. Goldstein participating.

DAVID E. RODGER, Appellee

In accordance with this Court’s opinion of this date, we DISMISS this appeal for want of prosecution.

Judgment entered May 6, 2021

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