COURT OF APPEALS

SECOND DISTRICT OF TEXAS
FORT WORTH

NO. 2-04-266-CV

DOMINIC A. DECRESCENTIS, JR.                                          APPELLANTS

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 OPINION¹ 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 TEX. R. APP. 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 TEX. R. APP. 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

NOTES

1.  See Tex. R. App. P. 47.4.