Alfonso Chan v. SLK Builders, LLC and Randall Duke

DISMISS and Opinion Filed May 26, 2021

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-18-01326-CV

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

S Court of Appeals Fifth District of Texas at Dallas JUDGMENT

ALFONSO CHAN, Appellant On Appeal from the 160th Judicial

District Court, Dallas County, Texas No. 05-18-01326-CV V. Trial Court Cause No. DC-18-09748.

Opinion delivered by Justice SLK BUILDERS, LLC AND Goldstein. Justices Molberg and RANDALL DUKE, Appellees Smith participating.

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

Judgment entered May 26, 2021