Mr. and Mrs. Hector Carrillo, in the Interest of Oscar Carrillo (Deceased) v. City of Fort Worth, City of Fort Worth Police Department, and Albert B. Chazarreta

COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 2-03-325-CV

MR. AND MRS. HECTOR CARRILLO, APPELLANTS

IN THE INTEREST OF OSCAR

CARRILLO (DECEASED)

V.

CITY OF FORT WORTH, CITY OF APPELLEES

FORT WORTH POLICE DEPARTMENT,

AND ALBERT B. CHAZARRETA

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FROM THE 352ND DISTRICT COURT OF TARRANT COUNTY

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MEMORANDUM OPINION (footnote: 1) AND JUDGMENT

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On January 18, 2005, we notified appellant that their amended brief had not been filed as required by rule 38.7.   See Tex. R. App. P . 38.7.  We stated we would dismiss the appeal for want of prosecution unless appellant 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 appellant’s brief has not been filed, we dismiss the appeal for want of prosecution.   See T EX . R. A PP . P. 38.8(a)(1), 42.3(b).

PER CURIAM

PANEL D: GARDNER, WALKER and MCCOY, JJ.

DELIVERED: March 3, 2005

FOOTNOTES

1:

See Tex. R. App. P. 47.4.