Dominic A. Decrescentis, Jr. and Cynthia E. Decrescentis v. Metro Basements and Waterproofing

COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 2-04-266-CV

APPELLANTS

DOMINIC A. DECRESCENTIS, JR.

AND CYNTHIA E. DECRESCENTIS

V.

METRO BASEMENTS AND WATERPROOFING   APPELLEE

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FROM THE 16TH DISTRICT COURT OF DENTON COUNTY

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MEMORANDUM OPINION ^{(footnote: 1)} AND JUDGMENT

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On October 29, 2004, we notified appellants that their brief had not been filed as required by rule 38.6(a).   See T EX. R. A PP. P. 38.6(a).  We stated we would dismiss the appeal for want of prosecution unless appellants 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 appellants' brief has not been filed, we dismiss the appeal for want of prosecution.   See T EX . R. A PP . P. 38.8(a)(1), 42.3(b).

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

PER CURIAM

PANEL D: LIVINGSTON, DAUPHINOT, and HOLMAN, JJ.

DELIVERED: December 2, 2004

FOOTNOTES

1:

See Tex. R. App. P. 47.4.