COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 2-04-204-CV
TIMOTHY W. KINNEY APPELLANT
V.
JESUS MELGAREJO APPELLEE
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FROM COUNTY COURT AT LAW NO. 3 OF TARRANT COUNTY
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MEMORANDUM OPINION (footnote: 1) AND JUDGMENT
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On January 10, 2005, we notified appellant that his brief had not been filed as required by rule 38.6(a). Tex. R. App. P . 38.6(a). 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).
Appellant shall pay all costs of this appeal, for which let execution issue.
PER CURIAM
PANEL D: WALKER, J.; CAYCE, C.J.; and MCCOY, J.
DELIVERED: February 17, 2005
FOOTNOTES
1:
See Tex. R. App. P. 47.4.