Royal Manufacturing Company, Inc. v. BMA Assocites, Inc.

DISMISS and Opinion Filed May 6, 2021

S In The

Court of Appeals

Fifth District of Texas at Dallas No. 05-91-00354-CV

ROYAL MANUFACTURING COMPANY, INC., Appellant

V.

BMA ASSOCIATES, INC., Appellee

On Appeal from the 193rd Judicial District Court Dallas County, Texas

Trial Court Cause No. 90-3209-L

MEMORANDUM OPINION

Before Justices Schenck, Reichek, and Carlyle Opinion by Justice Reichek

We reinstate this appeal. This case was abated in 1991 due to 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; however, nothing on that system indicated that a bankruptcy case was still pending.

We then 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). Robert Steinmetz, former counsel for BMA, responded and informed the Court that, according to the United States bankruptcy clerk he contacted, “the Royal bankruptcy proceeding was closed in 1994.” Although Steinmetz copied Joe Abby, counsel for Royal Manufacturing Company, Inc., neither Mr. Abby nor anyone else representing that party has responded or communicated with the Court.

Because we gave the parties an opportunity to show why we should not dismiss the appeal for want of prosecution and no one representing appellant responded, we dismiss the appeal for want of prosecution. See id. 42.3(b),(c).

/Amanda L. Reichek/ AMANDA L. REICHEK JUSTICE

910354F.P05

S

Court of Appeals

Fifth District of Texas at Dallas JUDGMENT

ROYAL MANUFACTURING On Appeal from the 193rd Judicial COMPANY, INC., Appellant District Court, Dallas County, Texas Trial Court Cause No. 90-3209-L. No. 05-91-00354-CV V. Opinion delivered by Justice Reichek. Justices Schenck and BMA ASSOCIATES, INC., Appellee Carlyle participating.

In accordance with this Court’s opinion of this date, the appeal is DISMISSED.

Judgment entered May 6, 2021