DISMISS and Opinion Filed June 22, 2022

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-19-00566-CV THE COMMUNICATION COUNSEL OF AMERICA, INC., Appellant V. DAVID DAY, Appellee On Appeal from the 44th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-16-14413 MEMORANDUM OPINION Before Chief Justice Burns, Justice Molberg, and Justice Smith Opinion by Chief Justice Burns We reinstate this appeal. We abated this appeal in 2019 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).

/Robert D. Burns, III/ ROBERT D. BURNS, III CHIEF JUSTICE

190566F.P05

–2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT THE COMMUNICATION On Appeal from the 44th Judicial COUNSEL OF AMERICA, INC., District Court, Dallas County, Texas Appellant Trial Court Cause No. DC-16-14413.

Opinion delivered by Chief Justice No. 05-19-00566-CV V. Burns. Justices Molberg and Smith participating.

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

Judgment entered June 22, 2022

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