JIM MABREY, MARK PRUNEAU,                                                            APPELLANTS
IRVING NAPERT, ALLEN EASTY,
THOMAS WENDT, WILLIAM FARQUHAR,
SEAN BINDLEY, FRED SYLVESTER,
AND FIBER.TV

SANDSTREAM, INC.                                                                          APPELLEE

On January 23, 2003, we notified appellants Irving Napert, Allen Easty, Thomas Wendt, William Farquhar, Sean Bindley, Fred Sylvester, and Fiber.TV that their brief had not been filed as required by TEX. R. APP. P. 38.6(a). We stated we would dismiss their appeal for want of prosecution unless these appellants or any party desiring to continue their appeal filed with the court within ten days a response showing grounds for continuing the appeal. We have not received any response.

Accordingly, we dismiss the appeal of Irving Napert, Allen Easty, Thomas Wendt, William Farquhar, Sean Bindley, Fred Sylvester, and Fiber.TV for want of prosecution. See TEX. R. APP. P. 38.8(a), 42.3(b).<.span>

Also on January 23, 2003, we received a second supplemental clerk's record containing a trial court order dismissing appellee Sandstream, Inc.'s claims against Mark Pruneau pursuant to these parties' settlement agreement. Consequently, on March 27, 2003, we notified appellant Mark Pruneau that we would dismiss his appeal unless he or any party desiring to continue the appeal filed with the court within ten days a response showing grounds for continuing his appeal. We have not received any response; therefore, we dismiss Mark Pruneau's appeal.

The appeal of Jim Mabrey remains pending. Thus, the appeal shall hereafter be styled: Jim Mabrey v. Sandstream, Inc.

Mark Pruneau, Irving Napert, Allen Easty, Thomas Wendt, William Farquhar, Sean Bindley, Fred Sylvester, and Fiber.TV shall each pay their costs of appeal, for which let execution issue.

PER CURIAM

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

DELIVERED: May 8, 2003

1. See Tex. R. App. P. 47.4.