Shawn K. Brown Chapter 7 Bankruptcy Trustee of Total Operating, LLC v. Jacob Watters Appeal from 101st Judicial District Court of Dallas County (memorandum opinion)
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DISMISS and Opinion Filed June 15, 2021 S In The Court of Appeals Fifth District of Texas at Dallas No. 05-18-01538-CV SHAWN K. BROWN CHAPTER 7 BANKRUPTCY TRUSTEE OF TOTAL OPERATING, LLC, Appellant V. JACOB F. WATTERS AND WILLIAM BERRY DEAN III, Appellees On Appeal from the 101st Judicial District Court Dallas County, Texas Trial Court Cause No. DC-18-09217 MEMORANDUM OPINION Before Chief Justice Burns, Justice Goldstein, and Justice Smith Opinion by Chief Justice Burns We reinstate this appeal. In January 2019, we abated this case due to William Berry Dean III’s 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 case associated with this appeal was terminated on January 28, 2021, 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 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. Bus. Telecomm. Servs., Inc. v. Potomac Leasing Co., 2021 WL 1783104, at *1 (Tex. App.—Dallas May 5, 2021, no pet. h.) (mem. op.). /Robert D. Burns, III/ ROBERT D. BURNS, III CHIEF JUSTICE 181538F.P05 –2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT SHAWN K. BROWN CHAPTER 7 BANKRUPTCY TRUSTEE OF TOTAL OPERATING, LLC, Appellant No. 05-18-01538-CV On Appeal from the 101st Judicial District Court, Dallas County, Texas Trial Court Cause No. DC-1 809217. Opinion delivered by Chief Justice Burns. Justices Goldstein and Smith participating. V. JACOB F. WATTERS AND WILLIAM BERRY DEAN III, Appellees In accordance with this Court’s opinion of this date, the appeal is DISMISSED. Judgment entered June 15, 2021 –3–
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