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 OPINION ^{(footnote: 1)} 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 T EX . R. A PP . 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 T EX . R. A PP . P. 38.8(a)(1), 42.3(b).

PER CURIAM

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

DELIVERED: August 31, 2004

FOOTNOTES

1:

See Tex. R. App. P. 47.4.