Opinion issued November 14, 2002

In The

Court of Appeals

For The

First District of Texas

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NO. 01-02-00350-CV

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TOMBALL MOBILE HOME SALES, INC., Appellant

V.

BRIAN MILLER AND LYNETTE MILLER, Appellees

On Appeal from the County Court at Law No. 3

Harris County, Texas

Trial Court Cause No. 758,277

O P I N I O N Appellant's brief in this appeal was due on August 26, 2002. On October 14, 2002, the Court ordered that appellant's appeal would be dismissed for want of prosecution unless within 30 days of the date of the order, appellant filed a reasonable explanation for failure to timely file his brief and his brief. Thirty days have expired and appellant has done neither.

Accordingly appellant's appeal is dismissed for want of prosecution. See Tex. R. App. P. 42.3(b),(c).

PER CURIAM

Do not publish. Tex. R. App. P. 47.

Panel consists of Justices Hedges, Keyes, and Duggan. ⁽¹⁾

1. The Honorable Lee Duggan, Jr., retired Justice, Court of Appeals, First District of Texas at Houston, participating by assignment.