Maxx Sports Technologies, Ltd. v. Sports in Action, LLC d/b/a High Field Marketing, LLC Appeal from 129th District Court of Harris County (memorandum opinion)
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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 1 The court reporter notified the Court there is no reporter’s record for this case, and the clerk’s record does not show a hearing was conducted in this case. –2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT MAXX SPORTS TECHNOLOGIES, LTD., Appellant No. 05-21-00292-CV On Appeal from the 129th District Court, Harris County, Texas Trial Court Cause No. 2019-40112. Opinion delivered by Justice Smith. Justices Molberg and Goldstein participating. V. SPORTS IN ACTION, LLC D/B/A HIGH FIELD MARKETING, LLC, Appellee In accordance with this Court’s opinion of this date, the appeal is DISMISSED. Judgment entered July 26, 2021 –3–
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