Taylor, James Alan v. Taylor, Jeanne R. Jacobs

• Court: Court of Appeals of Texas
• Decided: January 10, 2000
• Docket: 05-95-01317-CV
• Status: Published

Opinion

'

DISMISSED and Opinion Filed January 10,2000

In The Qtnurt nf Appeals llift}J Dintrirt nf wexun ut Dullun No. 05-95-01317-CV

JAMES A. TAYLOR, Appellant

v. JEANNE R. JACOBS TAYLOR, Appellee

On Appeal from the 330th Judicial District Court Dallas County, Texas Trial Court Cause No. 94-18882-Y

OPINION PER CURIAM Before Justices Kinkeade, James, and FitzGerald

Before this Court is appellant's June 25, 1999 motion to dismiss appeal with prejudice. The

motion recites that the parties have reached a comprehensive settlement of all outstanding issues

between them, and that appellant no longer desires to prosecute this appeal and seeks an order

dismissing this appeal with prejudice and affirming the judgment of the trial court. To date, appellee

has not filed a response.

This case was abated on June 16, 1997, due to a federal bankruptcy case being filed involving

appellant. Appellant's motion does not address reinstatement of the appeal. On both July 13, 1999,

and September 17, 1999, the clerk sent letters to both parties requesting a motion to reinstate and

advising them that no action could be taken on the motion to dismiss until the appeal was reinstated. Neither party responded to the first letter, and appellee's second letter came back marked as

undeliverable no forwarding address. Appellant did not respond to the second letter.

Since September 1999, the clerk has made repeated efforts to contact appellant. Recently, the

clerk obtained a telephone number for appellant; however, to date appellant has failed to respond to

the clerk's messages. The clerk also inquired into the status of the bankruptcy case with the

bankruptcy court, and determined that the bankruptcy proceeding involving appellant has been closed.

Accordingly, on its own motion, the Court REINSTATES this appeal.

Moreover, appellant's June 25, 1999 motion to dismiss is GRANTED in part and DENIED

in part. As requested, this appeal is DISMISSED. See TEX. R. APP. P. 42.1(a)(2). All other relief

sought is DENIED.

PER CURIAM

Do Not Publish TEX. R. APP. P. 47

-2- C!tnurl nf 1\ppettln lliift}f ltintrirt nf IDe~ttn ttl Bttllttn JUDGMENT JAMES A. TAYLOR, Appellant Appeal from the 330th Judicial District Court ofDallas County, Texas. (Tr.Ct.No. 94- No. 05-95-001317-CV v. 18882-Y). Opinion delivered per curiam before Justices JEANNE R. JACOBS TAYLOR, Appellee Kinkeade, James and FitzGerald.

Based on this Court's opinion of this date, this appeal is DISMISSED. It is ORDERED that appellee JEANNE R. JACOBS TAYLOR recover her costs of this appeal from appellant JAMES A. TAYLOR and from American Bankers Insurance Company of Florida as surety on appellant's cost bond.

Judgment entered January 10, 2000.

ED~ JUSTICE Qlourt nf 2\pp!!als ~· llrtftlr iltatrict nf W£Xan at II allan .- George L Allen Sr. Courts Building 600 Commerce Street, Second Floor Dallas, Texas 75202-4658

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