Gold Star Aviation, Inc. v. Kaushik Bhattacharjee and Swarna Jyoti Ghosal ( 2010 )

COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 2-09-286-CV

GOLD STAR AVIATION, INC. APPELLANT

V.

KAUSHIK BHATTACHARJEE AND APPELLEES

SWARNA JYOTI GHOSAL

----------

FROM THE 48TH DISTRICT COURT OF TARRANT COUNTY

----------

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

----------

On January 22, 2010, we notified appellant that its brief had not been filed as required by Texas Rule of Appellate Procedure 38.6(a).   See Tex. R. App. P. 38.6(a).  We stated we could dismiss this appeal for want of prosecution unless appellant or any party desiring to continue this appeal filed with this court within ten days a motion reasonably explaining the failure to file a brief and the need for an extension.  Tex. R. App. P. 10.5(b), 38.8(a)(1).  We have not received any response.

Because appellant’s brief has not been filed, we dismiss this appeal for want of prosecution.   See Tex. R. App. P. 38.8(a)(1), 42.3(b), 43.2(f).

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

PER CURIAM

PANEL:  DAUPHINOT, GARDNER, and WALKER, JJ.

DELIVERED:  February 25, 2010

FOOTNOTES

1:

See Tex. R. App. P. 47.4.