Deloris Phillips v. Porshala Danyel Phillips and William Brent

DISMISS and Opinion Filed May 7, 2021

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-18-00659-CV

DELORIS PHILLIPS, Appellant

V. PORSHALA DANYEL PHILLIPS AND WILLIAM BRENT, Appellees

On Appeal from the 254th Judicial District Court Dallas County, Texas

Trial Court Cause No. DF-18-00541

MEMORANDUM OPINION Before Chief Justice Burns, Justice Molberg, and Justice Smith

Opinion by Chief Justice Burns

We abated this appeal in November 2018 after appellant informed the Court she had removed the action to federal district court. See 28 U.S.C. § 1446(d). Our order abating the appeal provided that we would reinstate the appeal upon receipt of a certified copy of an order on remand. See id. § 1447(c); Gonzalez v. Guilbot, 135 S.W.3d 533, 537-38 (Tex. 2010).

In March 2021, having had no communication from the parties since the abatement, we conducted an independent review of the Public Access to Court Electronic Records (PACER) system and learned the federal district court had signed an order closing the case in late 2018. We reinstated the appeal on March 29 and directed appellant to file, no later than April 8, 2021, a letter showing cause as to why the appeal should not be dismissed for want of prosecution or failure to respond to a Court order or notice. See TEX. R. APP. P. 42.3(b),(c). To date, appellant has not responded. Accordingly, as no activity has occurred in the appeal in over two years, we dismiss the appeal. See id. 42.3(b),(c).

/Robert D. Burns, III/ ROBERT D. BURNS, III CHIEF JUSTICE

180659F.P05

S Court of Appeals

Fifth District of Texas at Dallas

JUDGMENT

DELORIS PHILLIPS, Appellant On Appeal from the 254th Judicial

District Court, Dallas County, Texas No. 05-18-00659-CV V. Trial Court Cause No. DF-18-00541.

Opinion delivered by Chief Justice PORSHALA DANYEL PHILLIPS Burns. Justices Molberg and Smith AND WILLIAM BRENT, Appellees participating.

In accordance with this Court’s opinion of this date, we DISMISS the appeal. Judgment entered May 7, 2021.