DISMISS and Opinion Filed May 26, 2021
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-18-01326-CV
ALFONSO CHAN, Appellant
V.
SLK BUILDERS, LLC AND RANDALL DUKE, Appellees
On Appeal from the 160th Judicial District Court
Dallas County, Texas
Trial Court Cause No. DC-18-09748
MEMORANDUM OPINION
Before Justices Molberg, Goldstein, and Smith
Opinion by Justice Goldstein
We reinstate this appeal. This case was abated in February 2019 due to SLK
Builders, LLC’s bankruptcy proceeding. 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 April 23, 2019, effectively dissolving the automatic stay.
We notified the parties by letter, requesting they inform the Court of the status
of the bankruptcy and of this appeal. We cautioned the parties that the case would
be reinstated and dismissed for want of prosecution unless any party gave cause as
to why it should not be dismissed. See TEX. R. APP. P. 42.3(b),(c). In response,
appellant filed a motion to retain the appeal, in which he requests the Court to
reinstate the appeal. Appellant did not, however, provide any explanation for the
two-year delay in requesting the appeal to be reinstated.
Because we gave appellant the opportunity to show why we should not
dismiss the appeal for want of prosecution and appellant failed to do so, we dismiss
this appeal. See id. 42.3(b),(c).
/Bonnie Lee Goldstein/
BONNIE LEE GOLDSTEIN
JUSTICE
181326F.P05
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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
ALFONSO CHAN, Appellant On Appeal from the 160th Judicial
District Court, Dallas County, Texas
No. 05-18-01326-CV V. Trial Court Cause No. DC-18-09748.
Opinion delivered by Justice
SLK BUILDERS, LLC AND Goldstein. Justices Molberg and
RANDALL DUKE, Appellees Smith participating.
In accordance with this Court’s opinion of this date, this appeal is
DISMISSED.
Judgment entered May 26, 2021
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