David and Wendy Meisenbach Limited Partnership v. Sameer P. Sethi, Sethi Operating Company, and Sethi Petroleum, Limited Liability Company Appeal from 429th Judicial District Court of Collin County (memorandum opinion)
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DISMISS and Opinion Filed July 27, 2021 S In The Court of Appeals Fifth District of Texas at Dallas No. 05-15-00349-CV DAVID AND WENDY MEISENBACH LIMITED PARTNERSHIP, Appellants V. SAMEER P. SETHI, SETHI OPERATING COMPANY, AND SETHI PETROLEUM, LIMITED LIABILITY COMPANY, Appellees On Appeal from the 429th Judicial District Court Collin County, Texas Trial Court Cause No. 429-01149-2014 MEMORANDUM OPINION Before Justices Myers, Partida-Kipness, and Garcia Opinion by Justice Garcia We reinstate this appeal. In June 2015, we abated this case due to the May 14, 2015 order of the United States District Court for the Eastern District of Texas, appointing a receiver in a case involving appellees. Under that order, further action in this appeal was stayed. In March of 2019, we requested a status update. Counsel for appellees informed the Court of a new address but did not update the Court on the status of the receivership or the appeal. We subsequently conducted an independent review of the federal Public Access to Court Electronic Records (PACER) system which shows the receivership associated with this appeal was terminated on August 9, 2017. We then notified the parties by letter dated May 7, 2021, requesting they inform the Court of the status 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, no 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. See id. 42.3(b), (c); Tex. Ranger Oil Co. v. Alamo Fluids, Inc., 2021 WL 1731795, at *1 (Tex. App.—Dallas May 3, 2021, no pet.) (mem. op.). /Dennise Garcia/ DENNISE GARCIA JUSTICE 150349F.P05 –2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT DAVID AND WENDY MEISENBACH LIMITED PARTNERSHIP, Appellants No. 05-15-00349-CV On Appeal from the 429th Judicial District Court, Collin County, Texas Trial Court Cause No. 429-011492014. Opinion delivered by Justice Garcia. Justices Myers and Partida-Kipness participating. V. SAMEER P. SETHI, SETHI OPERATING COMPANY, AND SETHI PETROLEUM, LIMITED LIABILITY COMPANY, Appellees In accordance with this Court’s opinion of this date, the appeal is DISMISSED. Judgment entered July 27, 2021 –3–
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