Akbar Alesha, LLC v. Quik-Way Retail Associates II, Ltd. Appeal from 95th Judicial District Court of Dallas County (memorandum opinion by chief justice wright)

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Dismissed and Opinion Filed August 26, 2015 S In The Court of Appeals Fifth District of Texas at Dallas No. 05-13-01421-CV AKBAR ALESHA, LLC, Appellant V. QUIK-WAY RETAIL ASSOCIATES II, LTD., Appellee On Appeal from the 95th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-12-01224-D MEMORANDUM OPINION Before Chief Justice Wright and Justices Lang-Miers and Stoddart Opinion by Chief Justice Wright The Court REINSTATES the appeal. On January 15, 2014, the Court abated the appeal due to the filing of bankruptcy by appellant. In response to our July 23, 2015 letter inquiring about the status of the bankruptcy proceedings, counsel for appellant filed a letter stating the bankruptcy court has closed the bankruptcy case. Therefore, by letter dated July 29, 2015, we directed appellant to file, within ten days, either a motion to reinstate the appeal accompanied by a motion to dismiss the appeal or explaining why the appeal should proceed. We warned that failure to do either would result in dismissal of the appeal without further notice. See TEX. R. APP. P. 42.3(c). To date, appellant has not filed a motion to reinstate or to continue the appeal. Accordingly, we dismiss the appeal. 131421F.P05 /Carolyn Wright/ CAROLYN WRIGHT CHIEF JUSTICE –2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT AKBAR ALESHA, LLC, Appellant No. 05-13-01421-CV On Appeal from the 95th Judicial District Court, Dallas County, Texas Trial Court Cause No. DC-12-01224-D. Opinion delivered by Chief Justice Wright, Justices Lang-Miers and Stoddart participating. V. QUIK-WAY RETAIL ASSOCIATES II, LTD., Appellee In accordance with this Court’s opinion of this date, we DISMISS the appeal. Subject to any agreement between the parties, we ORDER that appellee Quik-Way Retail Associates II, Ltd. recover its costs of this appeal from appellant Akbar Alesha, LLC. Judgment entered August 26, 2015. –3–

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