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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