Opinion
No. 05-18-01326-CV
05-26-2021
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
JUDGMENT
On Appeal from the 160th Judicial District Court, Dallas County, Texas
Trial Court Cause No. DC-18-09748.
Opinion delivered by Justice Goldstein. Justices Molberg and Smith participating.
In accordance with this Court's opinion of this date, this appeal is DISMISSED. Judgment entered May 26, 2021