Frisco Athletic Network, Inc. D/B/A/ LoneStar Volleyball Club v. Train Kids Now, Inc., D/B/A DX3 Athlete ( 2021 )

DISMISS and Opinion Filed June 15, 2021
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-19-01114-CV
FRISCO ATHLETIC NETWORK, INC. D/B/A/ LONESTAR
VOLLEYBALL CLUB, Appellant
V.
TRAIN KIDS NOW, INC. D/B/A DX3 ATHLETE, Appellee
On Appeal from the County Court at Law No. 4
Collin County, Texas
Trial Court Cause No. 004-00767-2018
MEMORANDUM OPINION
Before Chief Justice Burns, Justice Goldstein, and Justice Smith
Opinion by Chief Justice Burns
We reinstate this appeal. In February 2020, we abated this case due to Frisco
Athletic Network Inc.’s 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 December 4, 2020, effectively dissolving the automatic stay.
We notified the parties by letter dated May 7, 2021, 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, no 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); Tex. Bus. Telecomm. Servs., Inc. v. Potomac Leasing
Co., 2021 WL 1783104, at *1 (Tex. App.—Dallas May 5, 2021, no pet. h.) (mem.
op.).
/Robert D. Burns, III/
ROBERT D. BURNS, III
CHIEF JUSTICE
191114F.P05
–2–
S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
FRISCO ATHLETIC NETWORK, On Appeal from the County Court at
INC. D/B/A/ LONESTAR Law No. 4, Collin County, Texas
VOLLEYBALL CLUB, Appellant Trial Court Cause No. 004-00767-
2018.
No. 05-19-01114-CV V. Opinion delivered by Chief Justice
Burns. Justices Goldstein and Smith
TRAIN KIDS NOW, INC. D/B/A participating.
DX3 ATHLETE, Appellee
In accordance with this Court’s opinion of this date, the appeal is
DISMISSED.
Judgment entered June 15, 2021
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