Jason Spencer v. Kenneth Talbert, James Talbert, EFA Processing, LP, Safeguard Recovery, LLC, Eckity Capital Markets, LLC, and Safeguard Capital

• Court: Court of Appeals of Texas
• Decided: May 25, 2021
• Docket: 05-17-00844-CV
• Status: Published

Opinion

DISMISS and Opinion Filed May 25, 2021

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-17-00844-CV

JASON SPENCER, Appellant V. KENNETH TALBERT, JAMES TALBERT, EFA PROCESSING, LP, SAFEGUARD RECOVERY, LLC, ECKITY CAPITAL MARKETS, LLC, AND SAFEGUARD CAPITAL, Appellees

On Appeal from the 134th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-14-01292

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 August 2018 due to

appellant’s bankruptcy proceeding. 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 October 23, 2018, 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 the parties that the case would

be reinstated and dismissed for want of prosecution unless any party gave cause as to why it should not be dismissed. See TEX. R. APP. P. 42.3(b),(c). By letter dated

May 17, 2021, appellant responded that he would like to proceed with the appeal

because the bankruptcy court did not grant a discharge. Appellant did not, however,

provide any explanation for appellant’s two- and one-half-year delay in requesting

the appeal to be reinstated.

Because we gave appellant the opportunity to show why we should not

dismiss the appeal for want of prosecution and appellant failed to do so, we dismiss

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

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

170844F.P05

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

JASON SPENCER, Appellant On Appeal from the 134th Judicial District Court, Dallas County, Texas No. 05-17-00844-CV V. Trial Court Cause No. DC-14-01292. Opinion delivered by Chief Justice KENNETH TALBERT, JAMES Burns. Justices Molberg and TALBERT, EFA PROCESSING, LP, Goldstein participating. SAFEGUARD RECOVERY, LLC, ECKITY CAPITAL MARKETS, LLC, AND SAFEGUARD CAPITAL, Appellees

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

Judgment entered May 25, 2021

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