Knust, David J. v. Amwest Savings Association and Bank One, Texas N. A.

• Court: Court of Appeals of Texas
• Decided: April 29, 2021
• Docket: 05-91-01909-CV
• Status: Published

Opinion

Dismissed and Opinion Filed April 29, 2021

In The Court of Appeals Fifth District of Texas at Dallas No. 05-91-01909-CV

DAVID J. KNUST, Appellant V. AMWEST SAVINGS ASSOCIATION, Appellee

On Appeal from the 192nd Judicial District Court Dallas County, Texas Trial Court Cause No. 91-3873-K

MEMORANDUM OPINION Before Justices Molberg, Goldstein, and Smith Opinion by Justice Molberg We reinstate this appeal. This case was abated in January 1992 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; however,

nothing on that system indicated that a bankruptcy case was still pending.

We then 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 the

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

/Ken Molberg/ 911909f.p05 KEN MOLBERG JUSTICE

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

DAVID J. KNUST, Appellant On Appeal from the 192nd Judicial District Court, Dallas County, Texas No. 05-91-01909-CV V. Trial Court Cause No. 91-3873-K. Opinion delivered by Justice AMWEST SAVINGS Molberg. Justices Goldstein and ASSOCIATION, Appellee Smith participating.

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

It is ORDERED that appellee AMWEST SAVINGS ASSOCIATION recover its costs, if any, of this appeal from appellant DAVID J. KNUST.

Judgment entered this 29th day of April, 2021.

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