Shawn K. Brown Chapter 7 Bankruptcy Trustee of Total Operating, LLC v. Jacob Watters
This text of Shawn K. Brown Chapter 7 Bankruptcy Trustee of Total Operating, LLC v. Jacob Watters (Shawn K. Brown Chapter 7 Bankruptcy Trustee of Total Operating, LLC v. Jacob Watters) 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 June 15, 2021
S In The Court of Appeals Fifth District of Texas at Dallas No. 05-18-01538-CV
SHAWN K. BROWN CHAPTER 7 BANKRUPTCY TRUSTEE OF TOTAL OPERATING, LLC, Appellant V. JACOB F. WATTERS AND WILLIAM BERRY DEAN III, Appellees
On Appeal from the 101st Judicial District Court Dallas County, Texas Trial Court Cause No. DC-18-09217
MEMORANDUM OPINION Before Chief Justice Burns, Justice Goldstein, and Justice Smith Opinion by Chief Justice Burns We reinstate this appeal. In January 2019, we abated this case due to William
Berry Dean III’s 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
terminated on January 28, 2021, effectively dissolving the automatic stay.
We notified the parties by letter dated May 7, 2021, 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, no 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); Tex. Bus. Telecomm. Servs., Inc. v. Potomac Leasing
Co., 2021 WL 1783104, at *1 (Tex. App.—Dallas May 5, 2021, no pet. h.) (mem.
op.).
/Robert D. Burns, III/ ROBERT D. BURNS, III CHIEF JUSTICE
181538F.P05
–2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT
SHAWN K. BROWN CHAPTER 7 On Appeal from the 101st Judicial BANKRUPTCY TRUSTEE OF District Court, Dallas County, Texas TOTAL OPERATING, LLC, Trial Court Cause No. DC-1 8- Appellant 09217. Opinion delivered by Chief Justice No. 05-18-01538-CV V. Burns. Justices Goldstein and Smith participating. JACOB F. WATTERS AND WILLIAM BERRY DEAN III, Appellees
In accordance with this Court’s opinion of this date, the appeal is DISMISSED.
Judgment entered June 15, 2021
–3–
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