the Communication Counsel of America, Inc. v. David Day

• Court: Court of Appeals of Texas
• Decided: June 22, 2022
• Docket: 05-19-00566-CV
• Status: Published

Opinion

DISMISS and Opinion Filed June 22, 2022

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-19-00566-CV

THE COMMUNICATION COUNSEL OF AMERICA, INC., Appellant V. DAVID DAY, Appellee

On Appeal from the 44th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-16-14413

MEMORANDUM OPINION Before Chief Justice Burns, Justice Molberg, and Justice Smith Opinion by Chief Justice Burns We reinstate this appeal. We abated this appeal in 2019 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 does not show a

pending bankruptcy case associated with this appeal.

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).

/Robert D. Burns, III/ ROBERT D. BURNS, III CHIEF JUSTICE

190566F.P05

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

THE COMMUNICATION On Appeal from the 44th Judicial COUNSEL OF AMERICA, INC., District Court, Dallas County, Texas Appellant Trial Court Cause No. DC-16-14413. Opinion delivered by Chief Justice No. 05-19-00566-CV V. Burns. Justices Molberg and Smith participating. DAVID DAY, Appellee

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

Judgment entered June 22, 2022

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