DISMISS; and Opinion Filed May 16, 2014. S In The Court of Appeals Fifth District of Texas at Dallas No. 05-13-01652-CV NRG & ASSOCIATES, LLC, Appellant V. VND CLOTHING COMPANY, INC., Appellee On Appeal from the 116th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-13-05755 MEMORANDUM OPINION Before Justices Moseley, O'Neill, and FitzGerald Opinion by Justice O'Neill Appellant’s brief in this case is overdue. By postcard dated March 17, 2014, we notified appellant the time for filing its brief had expired. We directed appellant to file both appellant’s brief and an extension motion within ten days. We cautioned appellant that failure to file appellant’s brief and an extension motion would result in the dismissal of this appeal without further notice. To date, appellant has not filed its brief, an extension motion, or otherwise corresponded with the Court regarding the status of appellant’s brief. Accordingly, we dismiss this appeal. See TEX. R. APP. P. 38.8(a)(1); 42.3(b)(c). /Michael J. O'Neill/ MICHAEL J. O'NEILL 131652F.P05 JUSTICE S Court of Appeals Fifth District of Texas at Dallas JUDGMENT NRG & ASSOCIATES, LLC, Appellant On Appeal from the 116th Judicial District Court, Dallas County, Texas No. 05-13-01652-CV V. Trial Court Cause No. DC-13-05755. Opinion delivered by Justice O'Neill. VND CLOTHING COMPANY, INC., Justices Moseley and FitzGerald Appellee participating. In accordance with this Court’s opinion of this date, this appeal is DISMISSED. It is ORDERED that appellee VND CLOTHING COMPANY, INC. recover its costs of this appeal from appellant NRG & ASSOCIATES, LLC. Judgment entered this 16th day of May, 2014. /Michael J. O'Neill/ MICHAEL J. O'NEILL JUSTICE –2–