Dismiss and Opinion Filed November 19, 2015
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-95-00733-CV
EARL STEPHENSON, Appellant
V.
SMS FINANCIAL II, L.L.C., AN ARIZONA LIMITED LIABILITY COMPANY,
Appellee
On Appeal from the 14th Judicial District Court
Dallas County, Texas
Trial Court Cause No. 94-11846-A
MEMORANDUM OPINION
Before Chief Justice Wright and Justices Lang-Miers and Stoddart
Opinion by Chief Justice Wright
This appeal was abated in 1996 due to the filing of bankruptcy by appellant. In response
to the Court’s October 28, 2015 letter inquiring about the status of the bankruptcy proceeding,
appellant filed a motion to dismiss the appeal. We grant the motion and dismiss the appeal. See
TEX. R. APP. P. 42.1(a)(1).
950733F.P05 /Carolyn Wright/
CAROLYN WRIGHT
CHIEF JUSTICE
S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
EARL STEPHENSON, Appellant On Appeal from the 14th Judicial District
Court, Dallas County, Texas
No. 05-95-00733-CV V. Trial Court Cause No. 94-11846-A.
Opinion delivered by Chief Justice Wright,
SMS FINANCIAL II, L.L.C., AN Justices Lang-Miers and Stoddart
ARIZONA LIMITED LIABILITY participating.
COMPANY, Appellee
In accordance with this Court’s opinion of this date, we DISMISS the appeal. We
ORDER that appellee SMS Financial II, L.L.C., an Arizona Limited Liability Company recover
its costs of this appeal, if any, from appellant Earl Stephenson and the cash deposit in lieu of cost
bond. After all costs have been paid, we ORDER that the balance, if any, of the cash deposit in
lieu of cost bond be returned to appellant Earl Stephenson.
Judgment entered November 19, 2015.
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