Memking Recycling Group LLC and John Paterson v. Abington Reldan Metals, LLC

• Court: Court of Appeals of Texas
• Decided: May 11, 2021
• Docket: 05-13-01745-CV
• Status: Published

Opinion

Dismissed and Opinion Filed May 11, 2021

In The Court of Appeals Fifth District of Texas at Dallas No. 05-13-01745-CV

MEMKING RECYCLING GROUP LLC AND JOHN PATERSON, Appellants V. ABINGTON RELDAN METALS, LLC, Appellee

On Appeal from the County Court at Law No. 5 Dallas County, Texas Trial Court Cause No. CC-13-03750-E

MEMORANDUM OPINION Before Justices Myers, Partida-Kipness, and Garcia Opinion by Justice Myers We reinstate this appeal. This case was abated on July 15, 2014 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

shows the bankruptcy case associated with this appeal was dismissed on March 17,

2015, 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 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).

/Lana Myers// 131745f.p05 LANA MYERS JUSTICE

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

MEMKING RECYCLING GROUP On Appeal from the County Court at LLC AND JOHN PATERSON, Law No. 5, Dallas County, Texas Appellants Trial Court Cause No. CC-13-03750- E. No. 05-13-01745-CV V. Opinion delivered by Justice Myers. Justices Partida-Kipness and Garcia ABINGTON RELDAN METALS, participating. LLC, Appellee

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

Judgment entered this 11th day of May, 2021.

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