TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-03-00238-CV

Julie Montgomery, Appellant v. David Stackhouse, Appellee

FROM THE DISTRICT COURT OF TRAVIS COUNTY, 98TH JUDICIAL DISTRICT NO. 455, 293, HONORABLE DARLENE BYRNE, JUDGE PRESIDING

MEMORANDUM OPINION On August 29, 2003, this Court granted appellant’s motion to abate the appeal because appellant was uncertain whether the trial court’s judgment was final. See Tex. R. App. P. 27.2. This Court granted the motion with instructions that appellant was to inform the Court of the status of the appeal by October 1, 2003. Appellant did not do so; on October 31, 2003 we reinstated the appeal and gave appellant an additional thirty days to file her brief. To date, we have not received a brief or any other communication from appellant about the appeal. Accordingly, we dismiss the appeal for want of prosecution. See Tex. R. App. P. 42.3(b).

David Puryear, Justice Before Chief Justice Law, Justices Patterson and Puryear Dismissed for Want of Prosecution Filed: February 12, 2004