COURT OF APPEALS

SECOND DISTRICT OF TEXAS
FORT WORTH

NO. 2-03-283-CV

RUPERT POLLARD                                                                 APPELLANT

V.

FALLCO, INC. AND JAMES                                                      APPELLEES

EDWARD FALLMAN AND LAYANA

COLLETTE MAXIE

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FROM THE 67^TH DISTRICT COURT OF TARRANT COUNTY

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MEMORANDUM OPINION¹ AND JUDGMENT

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        On July 30, 2004 we notified appellant that his 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 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)(1), 42.3(b).

                                                                  PER CURIAM

PANEL D:   HOLMAN, GARDNER, and WALKER, JJ.

DELIVERED: August 31, 2004

NOTES

1.  See Tex. R. App. P. 47.4.