Todd McLeroy and All Occupants v. Deutsche Bank National Association, as Trustee F/K/A Bankers Trust Company of California ( 2006 )

COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 2-06-054-CV

TODD MCLEROY AND ALL OCCUPANTS APPELLANTS

V.

DEUTSCHE BANK NATIONAL ASSOCIATION, APPELLEES

AS TRUSTEE F/K/A BANKERS TRUST COMPANY

OF CALIFORNIA

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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 September 15, 2006, we notified appellants that their brief had not been filed as required by Texas Rule of Appellate Procedure 38.6(a).  T EX. R. A PP. 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’ brief has not been filed, we dismiss the appeal for want of prosecution.   See T EX . R. A PP . P. 38.8(a), 42.3(b).

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

PER CURIAM

PANEL D:  CAYCE, C.J.; LIVINGSTON and DAUPHINOT, JJ.

DELIVERED:  October 5, 2006

FOOTNOTES

1:

See Tex. R. App. P. 47.4.