Court of Civil Appeals of Texas, 2023

Gladys Jahn v. Betty Spooner

Gladys Jahn v. Betty Spooner
Court of Civil Appeals of Texas · Decided October 30, 2023

Gladys Jahn v. Betty Spooner

Opinion

DISMISS and Opinion Filed October 30, 2023

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-22-00199-CV GLADYS JAHN, Appellant V. BETTY SPOONER, Appellee On Appeal from the 219th Judicial District Court Collin County, Texas Trial Court Cause No. 219-05005-2018 MEMORANDUM OPINION Before Chief Justice Burns, Justice Molberg, and Justice Goldstein Opinion by Chief Justice Burns We reinstate this appeal. This case was abated on June 6, 2022 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 February 1, 2023, 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. 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 TEX. R. APP. P. 42.3(b), (c).

/Robert D. Burns, III/ ROBERT D. BURNS, III CHIEF JUSTICE 220199F.P05

–2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT GLADYS JAHN, Appellant On Appeal from the 219th Judicial District Court, Collin County, Texas No. 05-22-00199-CV V. Trial Court Cause No. 219-05005- 2018.

BETTY SPOONER, Appellee Opinion delivered by Chief Justice Burns. Justices Molberg and Goldstein participating.

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

Judgment entered October 30, 2023

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