Michael Polyak, Individually and as Personal Representative of the Estate of Irina Polyak, Deceased v. New LifeCare Hospitals of North Texas, LLC d/b/a Lifecare Hospital of Plano Appeal from 416th Judicial District Court of Collin County (memorandum opinion)

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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, INDIVIDUALLY AND AS PERSONAL REPRESENTATIVE OF THE ESTATE OF IRINA POLYAK, DECEASED, Appellant No. 05-19-00555-CV On Appeal from the 416th Judicial District Court, Collin County, Texas Trial Court Cause No. 416-026302018. Opinion delivered by Chief Justice Burns. Justices Molberg and Goldstein participating. V. 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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