Bobby Dane v. Brenda Chavers Appeal from County Court at Law No. 5 of Dallas County (memorandum opinion per curiam)
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Opinion filed May 17, 2018 In The Eleventh Court of Appeals __________ No. 11-01-00127-CV __________ BOBBY DANE, Appellant V. BRENDA CHAVERS, Appellee On Appeal from the County Court at Law No. 5 Dallas County, Texas Trial Court Cause No. 99-1310-E MEMORANDUM OPINION In 2001, Appellee, Brenda Chavers, filed in this court a notice of bankruptcy, and we abated this appeal. See TEX. R. APP. P. 8.1, 8.2. Over the years, we have requested that the parties inform this court of the resolution of the bankruptcy proceedings or any other event that would allow this appeal to be reinstated. See TEX. R. APP. P. 8.3. In April 2018, we received a response from counsel for the parties. Appellee’s counsel informed this court that Appellee’s bankruptcy proceeding was closed in 2002; that Appellant, Bobby Dane, appeared on the list of creditors; and that Appellant did not file a “dischargeability complaint.”1 Appellant’s counsel informed this court that she was unable to contact her former client and that she believed that he may be deceased. Due to the fact that the bankruptcy proceeding has long since been closed and the fact that Appellant has not attempted to prosecute this appeal, we have determined that a dismissal of the appeal is appropriate under the circumstances. See TEX. R. APP. P. 42. Accordingly, we dismiss this appeal. PER CURIAM May 17, 2018 Panel consists of: Willson, J., Bailey, J., and Wright, S.C.J.2 1 We note that a discharge in the bankruptcy proceeding would moot this appeal. See Chae v. Schneider, 244 S.W.3d 425, 427 (Tex. App.—Eastland 2007, no pet.). 2 Jim R. Wright, Senior Chief Justice (Retired), Court of Appeals, 11th District of Texas at Eastland, sitting by assignment. 2
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