TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-04-00112-CV

Turfcentric, Inc. and Alan D. Colby, Appellants

v.

Incircuit Development Corporation, Appellee

FROM THE DISTRICT COURT OF TRAVIS COUNTY, 53RD JUDICIAL DISTRICT NO. GN400180, HONORABLE PAUL DAVIS, JUDGE PRESIDING

MEMORANDUM OPINION

On March 11, 2004, appellants contacted this Court and informed the clerk’s office that a settlement had been reached and a motion to dismiss would be filed. No such motion has ever been filed. On April 20, 2004, the clerk’s office sent appellants a notice that their brief was overdue and that the appeal would be dismissed for want of prosecution if a response was not made by April 30, 2004. See Tex. R. App. P. 38(a) (appellant’s failure to file brief in civil case may result in dismissal for want of prosecution). To date, neither a brief nor any other response to the clerk’s office communication has been filed. Accordingly, we dismiss the appeal for want of prosecution.

See id.; 42.3(b).

W. Kenneth Law, Chief Justice Before Chief Justice Law, Justices Kidd and B. A. Smith Dismissed for Want of Prosecution Filed: June 10, 2004