Melanie Austin-Johnson, Melissa Austin and Miranda Austin v. Wal-Mart Stores, Inc.

Opinion issued March 31, 2004









In The

Court of Appeals

For The

First District of Texas





NO. 01–03–01109–CV





MELANIE AUSTIN-JOHNSON, MELISSA AUSTIN AND MIRANDA AUSTIN, Appellants


V.


WAL-MART STORES, INC., Appellee





On Appeal from the 400th District Court

Fort Bend County, Texas

Trial Court Cause No. 2002CV124455





MEMORANDUM OPINIONAppellant Melanie Austin-Johnson, Melissa Austin and Miranda Austin have failed to timely file a brief. See Tex. R. App. P. 38.8(a) (failure of appellant to file brief). After being notified that this appeal was subject to dismissal, appellants Melanie Austin-Johnson, Melissa Austin and Miranda Austin did not adequately respond. See Tex. R. App. P. 42.3(b) (allowing involuntary dismissal of case).

          The appeal is dismissed for want of prosecution for failure to timely file a brief. All pending motions are denied.

PER CURIAM

Panel consists of Justices Taft, Nuchia, and Jennings.