Royal Manufacturing Company, Inc. v. BMA Assocites, Inc.
This text of Royal Manufacturing Company, Inc. v. BMA Assocites, Inc. (Royal Manufacturing Company, Inc. v. BMA Assocites, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
DISMISS and Opinion Filed May 6, 2021
S In The Court of Appeals Fifth District of Texas at Dallas No. 05-91-00354-CV
ROYAL MANUFACTURING COMPANY, INC., Appellant V. BMA ASSOCIATES, INC., Appellee
On Appeal from the 193rd Judicial District Court Dallas County, Texas Trial Court Cause No. 90-3209-L
MEMORANDUM OPINION Before Justices Schenck, Reichek, and Carlyle Opinion by Justice Reichek We reinstate this appeal. This case was abated in 1991 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). Robert Steinmetz, former counsel for BMA, responded and informed the
Court that, according to the United States bankruptcy clerk he contacted, “the Royal bankruptcy proceeding was closed in 1994.” Although Steinmetz copied Joe Abby,
counsel for Royal Manufacturing Company, Inc., neither Mr. Abby nor anyone else
representing that party has responded or communicated with the Court.
Because we gave the parties an opportunity to show why we should not
dismiss the appeal for want of prosecution and no one representing appellant
responded, we dismiss the appeal for want of prosecution. See id. 42.3(b),(c).
/Amanda L. Reichek/ AMANDA L. REICHEK JUSTICE
910354F.P05
–2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT
ROYAL MANUFACTURING On Appeal from the 193rd Judicial COMPANY, INC., Appellant District Court, Dallas County, Texas Trial Court Cause No. 90-3209-L. No. 05-91-00354-CV V. Opinion delivered by Justice Reichek. Justices Schenck and BMA ASSOCIATES, INC., Appellee Carlyle participating.
In accordance with this Court’s opinion of this date, the appeal is DISMISSED.
Judgment entered May 6, 2021
–3–
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