Holcomb, Jr., A. S. v. Anita Holcomb

Dismiss and Opinion Filed June 7, 2021

In The Court of Appeals Fifth District of Texas at Dallas No. 05-91-01288-CV A.S. HOLCOMB, JR., Appellant V. ANITA HOLCOMB, Appellee On Appeal from the 86th Judicial District Court Kaufman County, Texas Trial Court Cause No. 84-35

MEMORANDUM OPINION

Before Justices Molberg, Goldstein, and Smith Opinion by Justice Molberg

We reinstate this appeal. In 1992, we 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 does not show a pending bankruptcy case associated with this appeal.

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).

911288f.p05 /Ken Molberg//

KEN MOLBERG

JUSTICE Court of Appeals Fifth District of Texas at Dallas JUDGMENT

HOLCOMB, JR., A. S., Appellant On Appeal from the 86th Judicial

District Court, Kaufman County, No. 05-91-01288-CV V. Texas

Trial Court Cause No. 84-35. ANITA HOLCOMB, Appellee Opinion delivered by Justice

Molberg. Justices Goldstein and Smith participating.

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

DISMISSED.

Judgment entered this 7th day of June, 2021.