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

Opinion

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

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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

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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