Keene Corporation v. Ollis E. Kirk

• Court: Court of Appeals of Texas
• Decided: June 7, 2021
• Docket: 05-92-01112-CV
• Status: Published

Opinion

Dismiss and Opinion Filed June 7, 2021

In The Court of Appeals Fifth District of Texas at Dallas No. 05-92-01112-CV

KEENE CORPORATION, Appellant V. OLLIS E. KIRK, ET AL, Appellees

On Appeal from the 191st Judicial District Court Dallas County, Texas Trial Court Cause No. 90-5245-J

MEMORANDUM OPINION Before Justices Osborne, Pedersen, III, and Nowell Opinion by Justice Osborne We reinstate this appeal. In 1994, 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).

/Leslie Osborne// LESLIE OSBORNE 9201112f.p05 JUSTICE

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

KEENE CORPORATION, Appellant On Appeal from the 191st Judicial District Court, Dallas County, Texas No. 05-92-01112-CV V. Trial Court Cause No. 90-5245-J. Opinion delivered by Justice OLLIS E. KIRK, ET AL, Appellees Osborne. Justices Pedersen, III and Nowell participating.

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

Judgment entered this 7th day of June, 2021.

–3–