Maxx Sports Technologies, Ltd. v. Sports in Action, LLC D/B/A High Field Marketing, LLC

DISMISS and Opinion Filed July 26, 2021

S In The

Court of Appeals

Fifth District of Texas at Dallas No. 05-21-00292-CV

MAXX SPORTS TECHNOLOGIES, LTD., Appellant

V. SPORTS IN ACTION, LLC D/B/A HIGH FIELD MARKETING, LLC,

Appellee

On Appeal from the 129th District Court Harris County, Texas Trial Court Cause No. 2019-40112

MEMORANDUM OPINION

Before Justices Molberg, Goldstein, and Smith Opinion by Justice Smith

The filing fee and appellant’s brief in this case are overdue. By postcard dated July 12, 2021, we notified appellant for the second time that the $205 filing fee was due. We directed appellant to remit the filing fee within ten days and expressly cautioned appellant that failure to do so would result in dismissal of the appeal. By postcard dated June 16, 2021, we notified appellant the time for filing its brief had expired.1 We directed appellant to file a brief and an extension motion within ten days. We cautioned appellant that failure to file its brief by that time might result in the dismissal of this appeal without further notice. To date, appellant has not paid the filing fee, filed a brief, filed an extension motion, nor otherwise corresponded with the Court regarding the status of this appeal.

Accordingly, we dismiss this appeal. See TEX. R. APP. P. 38.8(a)(1); 42.3(b), (c).

/Craig Smith/ CRAIG SMITH JUSTICE

210292F.P05

S Court of Appeals

Fifth District of Texas at Dallas JUDGMENT

MAXX SPORTS TECHNOLOGIES, On Appeal from the 129th District LTD., Appellant Court, Harris County, Texas

Trial Court Cause No. 2019-40112. No. 05-21-00292-CV V. Opinion delivered by Justice Smith.

Justices Molberg and Goldstein SPORTS IN ACTION, LLC D/B/A participating.

HIGH FIELD MARKETING, LLC, Appellee

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

Judgment entered July 26, 2021