Bandolier Corporation d/b/a Reconstruction Specialities Co., Rob Harbison

and Cynthia Harbison, Appellees

Appellant's brief was due April 1, 1998. This Court granted appellant's first motion for extension of time to file a brief, setting a due date of June 22, 1998. As of July 15, 1998 appellant had not tendered either a brief or a second motion for extension of time within which to file a brief. See Tex. R. App. P. 38.6(d). By letter dated July 15, 1998, the Clerk of this Court notified appellant that unless appellant provided a reasonable explanation for the failure to file a brief by July 24, 1998, the appeal would be dismissed for want of prosecution. See Tex. R. App. P. 38.8(a)(1). All parties have received ten days notice of the proposed dismissal; we have received no response. See Tex. R. App. P. 42.3. Accordingly, we dismiss the appeal for want of prosecution. See Tex. R. App. P. 42.3(b).

Before Chief Justice Yeakel, Justices Jones and B. A. Smith

Appeal Dismissed for Want of Prosecution

Filed: September 17, 1998

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