Michael Polyak, Individually and as Personal Representative of the Estate of Irina Polyak v. New LifeCare Hospitals of North Texas, LLC D/B/A Lifecare Hospital of Plano

CourtCourt of Appeals of Texas
DecidedMay 25, 2021
Docket05-19-00555-CV
StatusPublished

This text of Michael Polyak, Individually and as Personal Representative of the Estate of Irina Polyak v. New LifeCare Hospitals of North Texas, LLC D/B/A Lifecare Hospital of Plano (Michael Polyak, Individually and as Personal Representative of the Estate of Irina Polyak v. New LifeCare Hospitals of North Texas, LLC D/B/A Lifecare Hospital of Plano) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Michael Polyak, Individually and as Personal Representative of the Estate of Irina Polyak v. New LifeCare Hospitals of North Texas, LLC D/B/A Lifecare Hospital of Plano, (Tex. Ct. App. 2021).

Opinion

DISMISS and Opinion Filed May 25, 2021

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-19-00555-CV

MICHAEL POLYAK, INDIVIDUALLY AND AS PERSONAL REPRESENTATIVE OF THE ESTATE OF IRINA POLYAK, DECEASED, Appellant V. NEW LIFECARE HOSPITALS OF NORTH TEXAS, LLC D/B/A LIFECARE HOSPITAL OF PLANO, Appellee

On Appeal from the 416th Judicial District Court Collin County, Texas Trial Court Cause No. 416-02630-2018

MEMORANDUM OPINION Before Chief Justice Burns, Justice Molberg, and Justice Goldstein Opinion by Chief Justice Burns This appeal is reinstated. In 2019, we abated this case 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 March 29, 2021, 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. In response, appellant filed an unopposed motion to dismiss the appeal. We grant appellant’s motion and dismiss this appeal.

See TEX. R. APP. P. 42.1(a)(1).

/Robert D. Burns, III/ ROBERT D. BURNS, III CHIEF JUSTICE

190555F.P05

–2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT

MICHAEL POLYAK, On Appeal from the 416th Judicial INDIVIDUALLY AND AS District Court, Collin County, Texas PERSONAL REPRESENTATIVE Trial Court Cause No. 416-02630- OF THE ESTATE OF IRINA 2018. POLYAK, DECEASED, Appellant Opinion delivered by Chief Justice Burns. Justices Molberg and No. 05-19-00555-CV V. Goldstein participating.

NEW LIFECARE HOSPITALS OF NORTH TEXAS, LLC D/B/A LIFECARE HOSPITAL OF PLANO, Appellee

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

Judgment entered May 25, 2021

–3–

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Michael Polyak, Individually and as Personal Representative of the Estate of Irina Polyak v. New LifeCare Hospitals of North Texas, LLC D/B/A Lifecare Hospital of Plano, Counsel Stack Legal Research, https://law.counselstack.com/opinion/michael-polyak-individually-and-as-personal-representative-of-the-estate-texapp-2021.