TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-03-00195-CV

Harry E. Bundy, Jr., Appellant v. Green Creek Nursery, Appellee

FROM THE COUNTY COURT AT LAW NO. 3 OF BELL COUNTY NO. 45,327, HONORABLE GERALD M. BROWN, JUDGE PRESIDING

MEMORANDUM OPINION

The brief of appellant Harry E. Bundy, Jr., was due June 18, 2003. On July 25, 2003, appellant was notified that his brief was late and informed that he had ten days to explain his failure to file a brief or the appeal would be dismissed for want of prosecution. See Tex. R. App. P. 38.8(a)(1). To date, we have not received an explanation or a brief. Accordingly, we dismiss the appeal for want of prosecution. See Tex. R. App. P. 42.3(b)

Jan P. Patterson, Justice Before Chief Justice Law, Justices B. A. Smith and Patterson Dismissed for Want of Prosecution Filed: October 2, 2003