Order entered August 7, 2015
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-09-01068-CV
DONALD CARDWELL AND 121 INVESTMENTS, L.L.C., Appellants
V.
BILL GURLEY, Appellee
On Appeal from the 134th Judicial District Court
Dallas County, Texas
Trial Court Cause No. 06-03299
ORDER
The Court REINSTATES the appeal.
On September 14, 2011, we abated the appeal due to the filing of bankruptcy by appellant
Donald Cardwell. In response to our July 24, 2015 letter inquiring about the current status of the
bankruptcy proceedings, we received a letter from counsel for appellee that the docket sheet for
the bankruptcy case shows that the case was closed on May 18, 2015. Accordingly, the appeal
may now proceed.
At the time the appeal was abated, the filing fee had been paid but neither the clerk’s
record nor the reporter’s record had been filed. Based on the information the Court has received
regarding the status of the bankruptcy proceedings, it is not clear whether appellants desires to
pursue the appeal.
Accordingly, we ORDER appellants, within FIFTEEN DAYS of the date of this order,
to file a motion to dismiss the appeal or written verification that they intend to continue the
appeal. If appellants do not respond within the time specified, the Court will, without further
notice, dismiss the appeal. See TEX. R. APP. P. 42.3(c).
We DIRECT the Clerk to send copies of this order to counsel for all parties.
/s/ CAROLYN WRIGHT
CHIEF JUSTICE
Donald Cardwell and 121 Investments, L.L.C. v. Gurley, Bill
Combined Opinion