Charles A. Cross and Cathleen Cross Sexton v. H. W. Beutel, Jr., M. D. Appeal from 191st Judicial District Court of Dallas County (memorandum opinion)
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Dismissed and Opinion Filed May 10, 2021 In the Court of Appeals Fifth District of Texas at Dallas No. 05-91-01700-CV CHARLES A. CROSS AND CATHLEEN CROSS SEXTON, Appellants V. H. W. BEUTEL, JR., M. D., Appellee On Appeal from the 191st Judicial District Court Dallas County, Texas Trial Court Cause No. 88-079-J MEMORANDUM OPINION Before Justices Schenck, Reichek, and Carlyle Opinion by Justice Carlyle We reinstate this appeal. This case was abated in 1992 due to bankruptcy. See TEX. R. APP. P. 8.2. The court has conducted an independent review of the federal Public Access to Court Electronic Records (PACER) system; however, nothing on that system indicates that a bankruptcy case was still pending. We then notified the parties by letter, 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). The letters to appellants (who were appearing pro se at the time the case was abated) were returned because the addresses were no longer current, despite the obligation to provide the court with current contact information. See TEX. R. APP. P. 9.1(b); 5th Tex. App. (Dallas) Loc. R. 2. Our attempts to contact appellants by phone were likewise unsuccessful. Because we gave the parties an opportunity to show why we should not dismiss this case for want of prosecution and because no one has responded, we dismiss the appeal. See id. 42.3(b), (c); see Brewer v. Admiral Ins. Co., 2002 WL 31312990, at *1 (Tex. App.—Dallas Oct. 16, 2002, no writ) (per curiam) (not designated for publication). 911700f.p05 /Cory L. Carlyle// CORY L. CARLYLE JUSTICE –2– Court of Appeals Fifth District of Texas at Dallas JUDGMENT CHARLES A. CROSS AND CATHLEEN CROSS SEXTON, Appellants No. 05-91-01700-CV On Appeal from the 191st Judicial District Court, Dallas County, Texas Trial Court Cause No. 88-079-J. Opinion delivered by Justice Carlyle. Justices Schenck and Reichek participating. V. H. W. BEUTEL, JR., M. D., Appellee In accordance with this Court’s opinion of this date, the appeal is DISMISSED. Judgment entered this 10th day of May, 2021. –3–
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