Dismissed and Opinion Filed August 26, 2015
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-13-01421-CV
AKBAR ALESHA, LLC, Appellant
V.
QUIK-WAY RETAIL ASSOCIATES II, LTD., Appellee
On Appeal from the 95th Judicial District Court
Dallas County, Texas
Trial Court Cause No. DC-12-01224-D
MEMORANDUM OPINION
Before Chief Justice Wright and Justices Lang-Miers and Stoddart
Opinion by Chief Justice Wright
The Court REINSTATES the appeal.
On January 15, 2014, the Court abated the appeal due to the filing of bankruptcy by
appellant. In response to our July 23, 2015 letter inquiring about the status of the bankruptcy
proceedings, counsel for appellant filed a letter stating the bankruptcy court has closed the
bankruptcy case. Therefore, by letter dated July 29, 2015, we directed appellant to file, within
ten days, either a motion to reinstate the appeal accompanied by a motion to dismiss the appeal
or explaining why the appeal should proceed. We warned that failure to do either would result in
dismissal of the appeal without further notice. See TEX. R. APP. P. 42.3(c). To date, appellant
has not filed a motion to reinstate or to continue the appeal.
Accordingly, we dismiss the appeal.
131421F.P05 /Carolyn Wright/
CAROLYN WRIGHT
CHIEF JUSTICE
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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
AKBAR ALESHA, LLC, Appellant On Appeal from the 95th Judicial District
Court, Dallas County, Texas
No. 05-13-01421-CV V. Trial Court Cause No. DC-12-01224-D.
Opinion delivered by Chief Justice Wright,
QUIK-WAY RETAIL ASSOCIATES II, Justices Lang-Miers and Stoddart
LTD., Appellee participating.
In accordance with this Court’s opinion of this date, we DISMISS the appeal. Subject to
any agreement between the parties, we ORDER that appellee Quik-Way Retail Associates II,
Ltd. recover its costs of this appeal from appellant Akbar Alesha, LLC.
Judgment entered August 26, 2015.
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