Timothy W. Kinney v. Jesus Melgarejo ( 2005 )

  COURT OF APPEALS

SECOND DISTRICT OF TEXAS
FORT WORTH

NO. 2-04-204-CV

TIMOTHY W. KINNEY                                                            APPELLANT

V.

JESUS MELGAREJO                                                                APPELLEE

----------

FROM COUNTY COURT AT LAW NO. 3 OF TARRANT COUNTY

----------

MEMORANDUM OPINION¹ AND JUDGMENT

----------

        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 TEX. R. APP. 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

---

NOTES

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