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COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 2-07-132-CV
DONALD KILPATRICK, INDIVIDUALLY APPELLANTS
AND AS REPRESENTATIVE OF
THE ESTATE OF DONALD LEE
KILPATRICK, DECEASED, AND
KELLY LEE KILPATRICK
V.
TIMOTHY S. KILPATRICK, BERRY APPELLEES
PLASTICS CORPORATION A/K/A
BERRY STERLING CORPORATION
AND BPC HOLDING CORPORATION
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FROM THE 352ND DISTRICT COURT OF TARRANT COUNTY
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MEMORANDUM OPINION[1]
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We have considered the motion filed by appellees requesting that we dismiss this appeal for appellants= failure to prosecute the appeal. On December 17, 2007, we notified appellants that their brief had not been filed and that their appeal may be dismissed for want of prosecution unless appellants or any party desiring to continue this appeal filed with the court on or before December 27, 2007, a response reasonably explaining the failure to timely file a brief. See Tex. R. App. P. 38.8(a)(1). Appellants did not file a response.
Accordingly, it is the court=s opinion that appellees= motion should be granted; therefore, we dismiss the appeal for want of prosecution. See Tex. R. App. P. 42.3(b)-(c), 43.2(f).
PER CURIAM
PANEL D: WALKER, J.; CAYCE, C.J.; and MCCOY, J.
DELIVERED: January 31, 2008
[1]See Tex. R. App. P. 47.4.