Shamsi Damavandi v. Discover Bank Appeal from County Court at Law No. 3 of Collin County (memorandum opinion)

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DISMISS and Opinion Filed September 24, 2019 S In The Court of Appeals Fifth District of Texas at Dallas No. 05-17-00479-CV SHAMSI DAMAVANDI, Appellant V. DISCOVER BANK, Appellee On Appeal from the County Court at Law No. 3 Collin County, Texas Trial Court Cause No. 003-01830-2016 MEMORANDUM OPINION Before Justices Schenck, Osborne, and Reichek Opinion by Justice Osborne We abated this appeal June 21, 2017 due to bankruptcy. From an independent review of the federal Public Access to Court Electronic Records (PACER) system, we learned the bankruptcy was discharged September 20, 2017. Accordingly, we reinstate this appeal. Upon learning of the bankruptcy discharge, we informed the parties that the appeal would be dismissed for want of prosecution or for failure to respond to a Court order or notice from the Clerk of the Court unless any party gave cause as to why it should not be dismissed. See TEX. R. APP. P. 42.3(b),(c). On August 22, 2019, appellant filed a summary of the bankruptcy proceedings along with a copy of the order of discharge but provided no reason why the appeal should not be dismissed. This appeal was filed May 5, 2017. It has been administratively closed for two years, although it could have been reinstated in September 2017 and prosecuted over the last twentythree months. Having given appellant an opportunity to show cause why we should not dismiss the appeal and having received no explanation, we dismiss the appeal. See id. 42.3(b),(c). /Leslie Osborne/ LESLIE OSBORNE JUSTICE 170479F.P05 –2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT SHAMSI DAMAVANDI, Appellant No. 05-17-00479-CV On Appeal from the County Court at Law No. 3, Collin County, Texas Trial Court Cause No. 003-01830-2016. Opinion delivered by Justice Osborne, Justices Schenck and Reichek participating. V. DISCOVER BANK, Appellee In accordance with this Court’s opinion of this date, we DISMISS the appeal. We ORDER that appellee Discover Bank recover its costs, if any, of this appeal from appellant Shamsi Damavandi. Judgment entered September 24, 2019. –3–

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