Thomas H. (Bubba) Smith v. Matt Baker, Beverly McNeely, and Ron Gilmer

IN THE

TENTH COURT OF APPEALS

No. 10-04-00154-CV

Thomas H. (Bubba) Smith,

                                                                      Appellant

 v.

Matt Baker, Beverly McNeely,

and Ron Gilmer,

                                                                      Appellees

From the 82nd District Court

Robertson County, Texas

Trial Court # 03-02-16638-CV

MEMORANDUM Opinion

The Clerk of this Court notified the appellant that the appellant’s brief was overdue in this cause and that the appeal would be dismissed for want of prosecution if a response showing grounds for continuing the appeal was not filed.  See Tex. R. App. P. 38.8(a)(1), 42.3(b).  In response, the Co-Independent Executors of appellant’s estate have filed a suggestion of death and have stated their “elect[ion] to discontinue this suit.”  Accordingly, the appeal is dismissed.

PER CURIAM

Before Chief Justice Gray,

Justice Vance, and

Justice Reyna

Appeal dismissed

Opinion delivered and filed March 23, 2005

[CV06]