Tracy Armstrong v. Beauly LLC

• Court: Court of Appeals of Texas
• Decided: May 10, 2021
• Docket: 05-15-00057-CV
• Status: Published

Opinion

Dismissed and Opinion Filed May 10, 2021

In The Court of Appeals Fifth District of Texas at Dallas No. 05-15-00057-CV

TRACY ARMSTRONG, Appellant V. BEAULY LLC, Appellee

On Appeal from the County Court at Law No. 5 Dallas County, Texas Trial Court Cause No. CC-14-04709-E

MEMORANDUM OPINION Before Justices Osborne, Pedersen, III, and Nowell Opinion by Justice Osborne We reinstate this appeal. This case was abated on March 16, 2015 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 June 30,

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).

/Leslie Osborne// LESLIE OSBORNE JUSTICE

150057f.p05

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

TRACY ARMSTRONG, Appellant On Appeal from the County Court at Law No. 5, Dallas County, Texas No. 05-15-00057-CV V. Trial Court Cause No. CC-14-04709- E. BEAULY LLC, Appellee Opinion delivered by Justice Osborne. Justices Pedersen, III and Nowell participating.

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

Judgment entered this 10th day of May, 2021.

–3–