Montgomery A. Kowis v. Cirro Group, Inc., D/B/A Cirro Energy

DISMISS; Opinion Filed March 31, 2014. S Court of Appeals In The Fifth District of Texas at Dallas No. 05-13-00625-CV MONTGOMERY A. KOWIS, Appellant V. CIRRO GROUP, INC., D/B/A CIRRO ENERGY, Appellee On Appeal from the 296th Judicial District Court Collin County, Texas Trial Court Cause No. 296-02077-2012 MEMORANDUM OPINION Before Justices FitzGerald, Fillmore, and Evans Opinion by Justice Evans Appellant’s brief in this case is overdue. By postcard dated September 13, 2013, we notified appellant the time for filing his brief had expired. We directed appellant to file both his brief and an extension motion within ten days. We cautioned appellant that failure to file his brief and an extension motion would result in the dismissal of this appeal without further notice. To date, appellant has not filed his brief, an extension motion, or 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). /David Evans/ 130625F.P05 DAVID EVANS JUSTICE S Court of Appeals Fifth District of Texas at Dallas JUDGMENT MONTGOMERY A. KOWIS, Appellant On Appeal from the 296th Judicial District Court, Collin County, Texas No. 05-13-00625-CV V. Trial Court Cause No. 296-02077-2012. Opinion delivered by Justice Evans. CIRRO GROUP, INC., D/B/A CIRRO Justices FitzGerald and Fillmore ENERGY, Appellee participating. In accordance with this Court’s opinion of this date, this appeal is DISMISSED. It is ORDERED that appellee CIRRO GROUP, INC., D/B/A CIRRO ENERGY recover its costs of this appeal from appellant MONTGOMERY A. KOWIS. Judgment entered this 31st day of March, 2014. /David Evans/ DAVID EVANS JUSTICE –2–