FM Forrest, Inc. and Fred F. Morgan v. Gruppo Formstar, LLC
FM Forrest, Inc. and Fred F. Morgan v. Gruppo Formstar, LLC
Opinion
DISMISS and Opinion Filed January 12, 2022
S In The Court of Appeals Fifth District of Texas at Dallas No. 05-17-00797-CV FM FORREST, INC. AND FRED F. MORGAN, Appellants V. GRUPPO FORMSTAR, LLC, Appellee On Appeal from the 191st Judicial District Court Dallas County, Texas Trial Court Cause No. DC-16-13975 MEMORANDUM OPINION Before Chief Justice Burns, Justice Goldstein, and Justice Smith Opinion by Chief Justice Burns We reinstate this appeal. We abated this appeal in 2017 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 November 29, 2017, 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).
/Robert D. Burns, III/ ROBERT D. BURNS, III CHIEF JUSTICE 170797F.P05
–2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT FM FORREST, INC. AND FRED F. On Appeal from the 191st Judicial MORGAN, Appellant District Court, Dallas County, Texas Trial Court Cause No. DC-16-13975.
No. 05-17-00797-CV V. Opinion delivered by Chief Justice Burns. Justices Goldstein and Smith GRUPPO FORMSTAR, LLC, participating.
Appellee In accordance with this Court’s opinion of this date, the appeal is DISMISSED.
Judgment entered January 12, 2022
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Case-law data current through December 31, 2025. Source: CourtListener bulk data.