Holcomb, Jr., A. S. v. Anita Holcomb

• Court: Court of Appeals of Texas
• Decided: June 7, 2021
• Docket: 05-91-01288-CV
• Status: Published

Opinion

Dismiss and Opinion Filed June 7, 2021

In The Court of Appeals Fifth District of Texas at Dallas No. 05-91-01288-CV

A.S. HOLCOMB, JR., Appellant V. ANITA HOLCOMB, Appellee

On Appeal from the 86th Judicial District Court Kaufman County, Texas Trial Court Cause No. 84-35

MEMORANDUM OPINION Before Justices Molberg, Goldstein, and Smith Opinion by Justice Molberg We reinstate this appeal. In 1992, we abated this case 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 does not show a

pending bankruptcy case associated with this appeal.

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. See id. 42.3(b),(c). 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 id. 42.3(b),(c); Brewer v. Admiral Ins. Co., 2002 WL 31312990, at *1

(Tex. App.—Dallas Oct. 16, 2002, no writ) (per curiam) (not designated for

publication).

911288f.p05 /Ken Molberg// KEN MOLBERG JUSTICE

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

HOLCOMB, JR., A. S., Appellant On Appeal from the 86th Judicial District Court, Kaufman County, No. 05-91-01288-CV V. Texas Trial Court Cause No. 84-35. ANITA HOLCOMB, Appellee Opinion delivered by Justice Molberg. Justices Goldstein and Smith participating.

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

Judgment entered this 7th day of June, 2021.

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