COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 2-03-162-CV

JIM F. HUFFINE                                                                     APPELLANT

V.

BANK OF AMERICA, N.A.                                                        APPELLEE

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FROM THE 67^TH DISTRICT COURT OF TARRANT COUNTY

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MEMORANDUM OPINION AND JUDGMENT

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        On August 26, 2003, we notified appellant that his brief had not been filed as required by TEX. R. APP. P. 38.6(a). We stated we would 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. 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).

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

                                                                  PER CURIAM

PANEL D:   CAYCE, C.J.; DAY and LIVINGSTON, JJ.

DELIVERED: September 25, 2003