Broyhill Furniture Industries v. Randy Murphy and Dave Shaffer

Dismissed and Opinion Filed July 21, 2021

In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-11-01545-CV

BROYHILL FURNITURE INDUSTRIES, Appellant
V.
RANDY MURPHY AND DAVE SHAFFER, Appellees

On Appeal from the 44th Judicial District Court
Dallas County, Texas
Trial Court Cause No. 08-13276

MEMORANDUM OPINION
Before Justices Myers, Partida-Kipness, and Garcia
Opinion by Justice Partida-Kipness
We reinstate this appeal. In 2013, we abated this case due to Broyhill Furniture

Industries’ 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 does not show a pending bankruptcy case associated with this appeal.

We 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). To

date, neither 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); Brewer v. Admiral Ins. Co., 2002 WL 31312990, at *1

(Tex. App.—Dallas Oct. 16, 2002, no writ) (per curiam) (not designated for

publication).

/Robbie Partida-Kipness/
111545f.p05 ROBBIE PARTIDA-KIPNESS
JUSTICE

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 Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT

BROYHILL FURNITURE On Appeal from the 44th Judicial
INDUSTRIES, Appellant District Court, Dallas County, Texas
Trial Court Cause No. 08-13276.
No. 05-11-01545-CV V. Opinion delivered by Justice Partida-
Kipness. Justices Myers and Garcia
RANDY MURPHY AND DAVE participating.
SHAFFER, Appellees

In accordance with this Court’s opinion of this date, the appeal is
DISMISSED.

Judgment entered this 21st day of July, 2021.

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