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 On Appeal from the 101st Judicial
BANKRUPTCY TRUSTEE OF District Court, Dallas County, Texas
TOTAL OPERATING, LLC, Trial Court Cause No. DC-1 8-
Appellant 09217.
Opinion delivered by Chief Justice
No. 05-18-01538-CV V. Burns. Justices Goldstein and Smith
participating.
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
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