H. Andrew Lipscomb, Karen Lipscomb, H. Andrew Lipscomb, III, D.D.S., P.C. v. NAB Asset Venture III, L.P.

CourtCourt of Appeals of Texas
DecidedJune 18, 2021
Docket05-95-01529-CV
StatusPublished

This text of H. Andrew Lipscomb, Karen Lipscomb, H. Andrew Lipscomb, III, D.D.S., P.C. v. NAB Asset Venture III, L.P. (H. Andrew Lipscomb, Karen Lipscomb, H. Andrew Lipscomb, III, D.D.S., P.C. v. NAB Asset Venture III, L.P.) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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H. Andrew Lipscomb, Karen Lipscomb, H. Andrew Lipscomb, III, D.D.S., P.C. v. NAB Asset Venture III, L.P., (Tex. Ct. App. 2021).

Opinion

DISMISS and Opinion Filed June 18, 2021

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-95-01529-CV

H. ANDREW LIPSCOMB, KAREN LIPSCOMB, AND H. ANDREW LIPSCOMB, III, D.D.S., P.C., Appellants V. NAB ASSET VENTURE III, L.P., Appellee

On Appeal from the 95th District Court Dallas County, Texas Trial Court Cause No. 95-02986-D

MEMORANDUM OPINION Before Justices Schenck, Reichek, and Carlyle Opinion by Justice Reichek We reinstate this appeal. In March 1996, we abated this case due to the

appellants’ bankruptcies. See TEX. R. APP. P. 8.2. The Court has conducted an

independent review of the federal Public Access to Court Electronic Records

(PACER) system which shows there are no pending bankruptcy cases associated

with these appellants, effectively dissolving the automatic stay.

We notified the parties by letter dated May 7, 2021, requesting they inform

the Court of the status of the bankruptcies and of this appeal. We cautioned that the failure to respond would result in the appeal being dismissed for want of prosecution.

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 this

appeal. See id. 42.3(b), (c); Tenet Healthsys. Hosps. Dallas, Inc. v. N. Tex. Med.

Grp., 2021 WL 1808611, at *1 (Tex. App.—Dallas May 6, 2021, no pet. h.) (mem.

op.).

/Amanda L. Reichek/ AMANDA L. REICHEK JUSTICE 951529F.P05

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

H. ANDREW LIPSCOMB, KAREN On Appeal from the 95th District LIPSCOMB, H. ANDREW Court, Dallas County, Texas LIPSCOMB, III, D.D.S., P.C., Trial Court Cause No. 95-02986-D. Appellants Opinion delivered by Justice Reichek. Justices Schenck and No. 05-95-01529-CV V. Carlyle participating.

NAB ASSET VENTURE III, L.P., Appellee

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

Judgment entered June 18, 2021

–3–

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H. Andrew Lipscomb, Karen Lipscomb, H. Andrew Lipscomb, III, D.D.S., P.C. v. NAB Asset Venture III, L.P., Counsel Stack Legal Research, https://law.counselstack.com/opinion/h-andrew-lipscomb-karen-lipscomb-h-andrew-lipscomb-iii-dds-pc-texapp-2021.