Timothy Brian Churchill and Churchill Motors v. Matt Purkey ( 2004 )

COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 2-04-241-CV

TIMOTHY BRIAN CHURCHILL APPELLANTS

AND CHURCHILL MOTORS

V.

MATT PURKEY APPELLEE

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FROM COUNTY COURT AT LAW NO. 1 OF TARRANT COUNTY

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MEMORANDUM OPINION ^{(footnote: 1)} AND JUDGMENT

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On October 11, 2004, we notified appellants that their briefs have not been filed as required by rule 38.6(a).   See Tex. R. App. P . 38.6(a).  We stated we would dismiss the appeal for want of prosecution unless appellants or any party desiring to continue this appeal filed with the court within ten days a response showing grounds for continuing the appeal.  We have not received any response.

Because appellants’ briefs have not been filed, we dismiss the appeal for want of prosecution.   See T EX . R. A PP . P. 38.8(a)(1), 42.3(b).

Appellants shall pay all costs of this appeal, for which let execution issue.

PER CURIAM

PANEL D: GARDNER, WALKER, and MCCOY, JJ.

DELIVERED: November 12, 2004

FOOTNOTES

1:

See Tex. R. App. P. 47.4.