CHIEF JUSTICE CAROLYN WRIGHT LISA MATZ JUSTICES CLERK OF THE COURT DAVID L. BRIDGES (214) 712-3450 MOLLY FRANCIS [email protected] DOUGLAS S. LANG GAYLE HUMPA ELIZABETH LANG-MIERS ROBERT M. FILLMORE Court of Appeals BUSINESS ADMINISTRATOR (214) 712-3434 LANA MYERS DAVID EVANS Fifth District of Texas at Dallas [email protected] DAVID LEWIS 600 COMMERCE STREET, SUITE 200 FACSIMILE ADA BROWN DALLAS, TEXAS 75202 (214) 745-1083 CRAIG STODDART (214) 712-3400 INTERNET BILL WHITEHILL HTTP://5TH.TXCOURTS.GOV DAVID J. SCHENCK

October 28, 2015

David Lobingier Joseph Mastrogiovanni, Jr. 2902 Bank One Tower 2001 Bryan Str.

500 Throckmorton Str. Suite 1250 Fort Worth, TX 76102 Dallas, TX 75201 RE: 05-95-00733-CV Earl Stephenson v. SMS Financial II Counsel and Ms. Concannon: This appeal was abated on March 19, 1996 due to the filing of bankruptcy by appellant Earl Stephenson. Since that date, the Court has had no communication from either party regarding the status of the bankruptcy. Therefore, please notify the Court, within TEN DAYS of the date of this letter, about whether the bankruptcy proceedings remain pending. If the bankruptcy proceedings have been closed, then appellant is directed to file, within that ten-day period, either a motion to dismiss the appeal or written verification that the appeal should proceed. We appreciate your attention to this matter.

Sincerely, /s/ Lisa Matz, Clerk of the Court

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