Swan Roofing, LLC v. Sharon Shalene Portman ( 2010 )

02-10-122-CV

COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 2-10-122-CV

SWAN ROOFING, LLC                                                                       APPELLANT

                                                             V.

SHARON SHALENE PORTMAN                                                            APPELLEE

----------

FROM THE 235TH DISTRICT COURT OF COOKE COUNTY

----------

MEMORANDUM OPINION^[1] AND JUDGMENT

----------

On August 25, 2010, we notified appellant that the appellant’s brief had not been filed as required by Texas Rule of Appellate Procedure 38.6(a).  See Tex. R. App. P. 38.6(a).  We stated we could 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.  See Tex. R. App. P. 42.3.  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), 42.3(b), 43.2(f).

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

PER CURIAM                

PANEL:  DAUPHINOT, GARDNER, and WALKER, JJ.

DELIVERED:  September 23, 2010

---

^[1]See Tex. R. App. P. 47.4.