Before BOYD, C.J., and REAVIS and JOHNSON, JJ.

Appellant Jimmie P. Settler, et al., proceeding pro se, filed a notice of appeal from the trial court's judgment that Lubbock Central Appraisal District recover delinquent taxes. Both the clerk's record and reporter's record have been filed. By letter dated November 15, 2001, this Court notified Settler that the brief was past due and that failure to reasonably explain the reasons therefor could result in dismissal. On November 27, 2001, appellant's brief was received. However, it did not comply with the requirement of the Texas Rules of Appellate Procedure. This prompted the Court to return the brief unfiled and direct Settler to file a brief in compliance with the rules within 25 days of November 30, 2001. Settler did not respond and the brief remains outstanding.

Accordingly, we dismiss the appeal for want of prosecution. See Tex. R. App. P. 38.8(a)(1) and 42.3(b) and (c).

Don H. Reavis

Justice

Do not publish.

          The motion to dismiss is granted and the appeal is dismissed. Tex. R. App. P. 42.1(a)(1). The motion does not indicate an agreement of the parties with regard to the distribution of costs of the appeal. We therefore tax costs of the appeal against appellants. Tex. R. App. P. 42.1(d).

          Having dismissed the appeal at appellants’ request, no motion for rehearing will be entertained and our mandate will issue forthwith.

James T. Campbell

Justice