R2Go Transport LLC, R2GO Transport LLC v. Xellex Corp.

Court of Appeals of Texas·Decided March 18, 2020·No. 05-19-01246-CV·Published

Opinion

DISMISS and Opinion Filed March 18, 2020

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-19-01246-CV

R2GO TRANSPORT LLC A/K/A READY 2 GO TRANSPORT LLC, Appellant V. XELLEX CORP., Appellee

On Appeal from the 101st Judicial District Court Dallas County, Texas Trial Court Cause No. 0C-18-16746

MEMORANDUM OPINION Before Chief Justice Burns, Justice Molberg, and Justice Nowell Opinion by Chief Justice Burns By order dated December 23, 2019, we granted appellant’s attorney’s motion

to withdraw as counsel. In that order, we notified appellant that as a business entity

it must be represented by counsel and ordered appellant to provide the Court with

the name, bar number, and contact information for new counsel within thirty days.

We expressly cautioned appellant that failure to do so might result in the dismissal

of this appeal without further notice.

To date, appellant has not provided the required information. Accordingly,

we dismiss this appeal. See TEX. R. APP. P. 42.3(c) (appellate court may dismiss appeal for failure to comply with court’s order); Kunstoplast of Am., Inc. v. Formosa

Plastics Corp., U.S.A., 937 S.W. 2d 455, 456 (Tex. 1996) (Except for performance

of ministerial tasks, corporations may appear and be represented only by a licensed

attorney.).

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

191246F.P05

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

R2GO TRANSPORT LLC A/K/A On Appeal from the 101st Judicial READY 2 GO TRANSPORT LLC, District Court, Dallas County, Texas Appellant Trial Court Cause No. 0C-18-16746. Opinion delivered by Chief Justice No. 05-19-01246-CV V. Burns. Justices Molberg and Nowell participating. XELLEX CORP., Appellee

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

It is ORDERED that appellee XELLEX CORP. recover its costs of this appeal from appellant R2GO TRANSPORT LLC A/K/A READY 2 GO TRANSPORT LLC.

Judgment entered March 18, 2020

–3–

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R2Go Transport LLC, R2GO Transport LLC v. Xellex Corp., (Tex. Ct. App. 2020).

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Related

Kunstoplast of America, Inc. v. Formosa Plastics Corp.
937 S.W.2d 455 (Texas Supreme Court, 1997)