Schulman, Cary and Jennifer Lugo v. Ross, Jim and Debra
Schulman, Cary and Jennifer Lugo v. Ross, Jim and Debra
Opinion
DISMISS and Opinion Filed May 12, 2021
S In The Court of Appeals Fifth District of Texas at Dallas No. 05-11-00517-CV CARY SCHULMAN AND JENNIFER LUGO, Appellants V. JIM AND DEBRA ROSS, Appellees On Appeal from the County Court Rockwall County, Texas Trial Court Cause No. CI-11-030 MEMORANDUM OPINION Before Chief Justice Burns, Justice Goldstein, and Justice Smith Opinion by Chief Justice Burns We reinstate this appeal. In 2012, we withdrew our mandate and abated this case 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 which shows the bankruptcy case associated with this appeal was terminated on October 16, 2013, 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 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).
/Robert D. Burns, III/ ROBERT D. BURNS, III CHIEF JUSTICE 110517F.P05
–2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT GARY SCHULMAN AND On Appeal from the County Court, JENNIFER LUGO, Appellants Rockwall County, Texas Trial Court Cause No. CI-11-030.
No. 05-11-00517-CV V. Opinion delivered by Chief Justice Burns. Justices Goldstein and Smith JIM AND DEBRA ROSS, Appellees participating.
In accordance with this Court’s opinion of this date, this appeal is DISMISSED.
Judgment entered May 12, 2021
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Case-law data current through December 31, 2025. Source: CourtListener bulk data.