Sunday, August 2, 2009
State court of appeals takes judicial notice of PACER bankruptcy records (sort of)
Houston's Fourteenth Court of Appeals indicates in recent dismissal opinions that it is checking the status of bankruptcy proceedings (and bankruptcy stays of pending appeals) by accessing the federal judiciary's on-line system for docket management - PACER. One wonders if the court can now also be requested to take judicial notice of documents in federal cases that can be accessed through the subscription-based system and are not available through Westlaw or Lexis-Nexis.
M E M O R A N D U M O P I N I O N
This is an appeal from a judgment signed June 24, 2005. On December 8, 2005, this court abated the appeal because appellant petitioned for voluntary bankruptcy in the United States Bankruptcy Court for the Southern District of Texas, under cause number 05-94171. See Tex. R. App. P. 8.2.
Through the Public Access to Court Electronic Records (PACER) system, the court has learned that the bankruptcy case was closed on March 29, 2006. The parties failed to advise this court of the bankruptcy court action.
On June 25, 2009, this court issued an order stating that unless any party to the appeal filed a motion demonstrating good cause to retain the appeal within twenty days of the date of the order, this appeal would be dismissed for want of prosecution. See Tex. R. App. P. 42.3(b). No response was filed.
Accordingly, we reinstate the appeal and order it dismissed.
Panel consists of Justices Anderson, Guzman and Boyce.
Patton v. Patton (Tex.App.- Houston [14th Dist.] July 30, 2009)(per curiam dismissal of appeal after conclusion of bankruptcy and notice to parties; stay was in effect)
DISMISSED: Per Curiam
Before Justices Anderson, Guzman and Boyce
14-05-00803-CV Laura A. Patton v. Jimmy R. Patton
Appeal from 246th District Court of Harris County