William Gary Stapleton v. Starfish Investments, LP

• Court: Court of Appeals of Texas
• Decided: May 24, 2021
• Docket: 05-14-00861-CV
• Status: Published

Opinion

DISMISS and Opinion Filed May 24, 2021

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-14-00861-CV

WILLIAM GARY STAPLETON, Appellant V. STARFISH INVESTMENTS, LP, Appellee

On Appeal from the 366th Judicial District Court Collin County, Texas Trial Court Cause No. 366-00558-2014

MEMORANDUM OPINION Before Chief Justice Burns, Justice Molberg, and Justice Smith Opinion by Chief Justice Burns This appeal is reinstated. In 2014, we abated this appeal 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 associated with this appeal terminated on September 11, 2019,

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 the parties

that failure to respond might result in the dismissal of this appeal without further notice. Appellant failed to respond to our inquiry. Appellee, however, filed an

unopposed notice of settlement and to close the case.

We dismiss this appeal. See TEX. R. APP. P. 42.3 (b)(c).

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

140861F.P05

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

WILLIAM GARY STAPLETON, On Appeal from the 366th Judicial Appellant District Court, Collin County, Texas Trial Court Cause No. 366-00558- No. 05-14-00861-CV V. 2014. Opinion delivered by Chief Justice STARFISH INVESTMENTS, LP, Burns. Justices Molberg and Smith Appellee participating.

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

Judgment entered May 24, 2021

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