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 OPINION¹ 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 TEX. R. APP. 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

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NOTES

1. See Tex. R. App. P. 47.4.