Western Secured Investments Company v. Dale Murphree

• Court: Court of Appeals of Texas
• Decided: May 10, 2021
• Docket: 05-96-01637-CV
• Status: Published

Opinion

DISMISS and Opinion Filed May 10, 2021

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-96-01637-CV

WESTERN SECURED INVESTMENTS COMPANY, Appellant V. DALE MURPHREE, Appellee

On Appeal from the County Court at Law No. 4 Dallas County, Texas Trial Court Cause No. CC-94-10000-D

MEMORANDUM OPINION Before Justices Schenck, Reichek, and Carlyle Opinion by Justice Schenck We reinstate this appeal. This case was abated in January 1997 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 April 30,

2001, 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 for want of prosecution. See id. 42.3(b),(c).

/David J. Schenck/ DAVID J. SCHENCK JUSTICE

961637F.P05

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

WESTERN SECURED On Appeal from the County Court at INVESTMENTS COMPANY, Law No. 4, Dallas County, Texas Appellant Trial Court Cause No. CC-94-10000- D. No. 05-96-01637-CV V. Opinion delivered by Justice Schenck. Justices Reichek and DALE MURPHREE, Appellee Carlyle participating.

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

Judgment entered May 10, 2021

–3–