Ryan Fontaine, Progressive Payment Systems v. Essence Maserati, Ewing Hurst, LLC

Opinion

DISMISS and Opinion Filed May 14, 2021

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-20-01044-CV

RYAN FONTAINE AND PROGRESSIVE PAYMENT SYSTEMS, Appellants V. ESSENCE MASERATI, EWING HURST, LLC, Appellees

On Appeal from the County Court at Law No. 6 Collin County, Texas Trial Court Cause No. 006-00419-2020

MEMORANDUM OPINION Before Justices Molberg, Goldstein, and Smith Opinion by Justice Smith Appellants’ brief in this case is overdue. By postcard dated April 13, 2021,

we notified appellants the time for filing their brief had expired. We directed

appellants to file a brief and an extension motion within ten days. We cautioned

appellants that failure to file their brief by that time might result in the dismissal of

this appeal without further notice. To date, appellants have not 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

201044F.P05

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

RYAN FONTAINE, On Appeal from the County Court at PROGRESSIVE PAYMENT Law No. 6, Collin County, Texas SYSTEMS, Appellants Trial Court Cause No. 006-00419- 2020. No. 05-20-01044-CV V. Opinion delivered by Justice Smith. Justices Molberg and Goldstein ESSENCE MASERATI, EWING participating. HURST, LLC, Appellees

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

It is ORDERED that appellees ESSENCE MASERATI and EWING HURST, LLC recover their costs of this appeal from appellants RYAN FONTAINE and PROGRESSIVE PAYMENT SYSTEMS.

Judgment entered May 14, 2021

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