ACRS 2000 Corp., an Oklahoma Corporation v. Pride Network, Inc., a Texas Corporation, D/B/A NTS Communications, and NTS Communications, Inc. a Texas Corporation

• Court: Court of Appeals of Texas
• Decided: April 23, 2019
• Docket: 07-19-00004-CV
• Status: Published

Opinion

In The Court of Appeals Seventh District of Texas at Amarillo

No. 07-19-00004-CV No. 07-19-00144-CV

PRIDE NETWORK, INC., D/B/A NTS COMMUNICATIONS, AND NTS COMMUNICATIONS, INC., APPELLANTS

V.

ACRS 2000 CORP., APPELLEE

On Appeal from the 237th District Court Lubbock County, Texas Trial Court No. 2016-520,098, Honorable Les Hatch, Presiding

April 23, 2019

ORDER OF SEVERANCE AND DISMISSAL Before QUINN, C.J., and CAMPBELL and PIRTLE, JJ.

Appellants, Pride Network, Inc. d/b/a NTS Communications and NTS

Communications, Inc., appeal from the Final Judgment of the trial court. Appellee, ACRS

2000 Corp., has filed a cross-appeal. Now pending before this court is appellants’ motion

to voluntarily dismiss their appeal. Without passing on the merits of the case, we grant

appellants’ motion pursuant to Texas Rule of Appellate Procedure 42.1(a)(1). Accordingly, we sever appellants’ appeal into cause number 07-19-00144-CV and

dismiss the appeal. Having dismissed the appeal at appellants’ request, no motion for

rehearing will be entertained and our mandate will issue forthwith.

The cross-appeal of ACRS 2000 Corp. shall continue to disposition under

appellate cause number 07-19-00004-CV. We note that cross-appellant’s brief was due

April 5, 2019, but was not filed. If cross-appellant’s brief is not filed with the clerk of this

court by 5:00 p.m., May 3, 2019, the cross-appeal will be dismissed for want of

prosecution. TEX. R. APP. P. 38.8(a)(1), 42.3(b). No further extensions will be granted.

It is so ordered.

Per Curiam