Dolores J. Smoot and All Occupants v. Mortgage Electronic Registration Systems, Inc. Solely as Nominee for Lender and Lender's Successors and Assigns

COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 2-06-114-CV

DOLORES J. SMOOT AND ALL OCCUPANTS APPELLANTS

V.

MORTGAGE ELECTRONIC REGISTRATION APPELLEES

SYSTEMS, INC. SOLELY AS NOMINEE

FOR LENDER AND LENDER'S SUCCESSORS

AND ASSIGNS

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FROM COUNTY COURT AT LAW NO. 2 OF DENTON COUNTY

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MEMORANDUM OPINION (footnote: 1) AND JUDGMENT

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On January 5, 2007, we notified appellants that their brief had not been filed as required by Texas Rule of Appellate Procedure 38.6(a).  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:  DAUPHINOT, HOLMAN, and GARDNER, JJ.

DELIVERED:  January 25, 2007

FOOTNOTES

1:

See Tex. R. App. P. 47.4.