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 (footnote: 1) AND JUDGMENT
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On October 10, 2005, we notified appellants that their brief had not been filed as required by 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: November 3, 2005
FOOTNOTES
1:
See Tex. R. App. P. 47.4.