TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO.03-01-00714-CV

T & K Properties, Inc.; Terry Shook; and Karen Steele, Appellants v. Apante Investments, Appellee

FROM THE DISTRICT COURT OF TRAVIS COUNTY, 126TH JUDICIAL DISTRICT NO. GN101458, HONORABLE MARGARET A. COOPER, JUDGE PRESIDING

Because appellants have failed to file a brief, we will dismiss their appeal for want of prosecution. See Tex. R. App. P. 38.8(a)(1), 42.3(b).

The Clerk of this Court filed the clerk=s record in this cause on January 24, 2002.

Accordingly, appellant=s brief was due on February 25, 2002. See Tex. R. App. P. 38.6(a).

By postcard dated March 21, 2002, the Clerk of this Court notified the parties that the appeal was subject to dismissal for want of prosecution unless appellant filed a brief by April 1, 2002, or tendered a motion for extension of time reasonably explaining the failure to do so. Thus far, appellant has submitted neither a brief nor a motion for extension of time to file a brief.

Accordingly, we dismiss the appeal for want of prosecution on our own motion. See id. 42.3(b).

Bea Ann Smith, Justice Before Chief Justice Aboussie, Justices B. A. Smith and Yeakel Dismissed for Want of Prosecution Filed: May 2, 2002 Do Not Publish