Luis Pena and All Occupants v. Bank of New York ( 2005 )

                                      COURT OF APPEALS

                                       SECOND DISTRICT OF TEXAS

                                                   FORT WORTH

                                        NO. 2-05-273-CV

LUIS PENA AND ALL OCCUPANTS                                       APPELLANTS

                                                   V.

BANK OF NEW YORK                                                              APPELLEE

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         FROM COUNTY COURT AT LAW NO. 1 OF TARRANT COUNTY

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                  MEMORANDUM OPINION^[1] AND JUDGMENT

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On October 10, 2005, we notified appellants that their brief had not been filed as required by 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= brief has not been filed, we dismiss the appeal for want of prosecution.  See TEX. R. APP. 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: November 3, 2005

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^[1]See Tex. R. App. P. 47.4.