james-h-gentry-delyte-j-gentry-federal-guaranty-corporation-federal ( 2004 )

  COURT OF APPEALS

SECOND DISTRICT OF TEXAS
FORT WORTH

NO. 2-04-218-CV

JAMES H. GENTRY, DELYTE J. GENTRY,                               APPELLANTS

FEDERAL GUARANTY CORPORATION,

FEDERAL FUNDING, INC. AND FIRST

REALTY OF THE SOUTHWEST

V.

JACQUELINE EVANS STEWART                                                 APPELLEE

AS TEMPORARY GUARDIAN OF

THE PERSON AND ESTATE OF

 DOROTHY LEE EVANS, AND

JACQUELINE EVANS STEWART,

TRUSTEE OF JACQUELINE EVANS

STEWART TRUST

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FROM THE PROBATE COURT OF DENTON COUNTY

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MEMORANDUM OPINION¹ AND JUDGMENT

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        On September 29, 2004, we notified appellants that their brief had not been filed as required by rule 38.6(a).  See Tex. R. App. P. 38.6(a).  We stated we might 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 motion reasonably explaining the failure to file a brief and the need for an extension.  We have not received any response.

        Because appellants' brief has not been filed, we dismiss the appeal for want of prosecution.  See TEX. R. APP. P. 38.8(a), 42.3(b).

        Appellants shall pay all costs of this appeal, for which let execution issue.

                                                                  PER CURIAM

PANEL D:   HOLMAN, GARDNER, and WALKER, JJ.

DELIVERED: October 28, 2004

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NOTES

1. See Tex. R. App. P. 47.4.