NO. 07-04-0556-CV

IN THE COURT OF APPEALS

FOR THE SEVENTH DISTRICT OF TEXAS

AT AMARILLO

PANEL D

DECEMBER 17, 2004

______________________________

GARRY LISTER, NANCY LISTER AND DORETTA MOORE, APPELLANTS

V.

LEE-SWOFFORD INVESTMENTS, L.L.P., APPELLEE

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FROM THE 31ST DISTRICT COURT OF ROBERTS COUNTY;

NO. 1828; HONORABLE STEVEN R. EMMERT, JUDGE

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Before QUINN and REAVIS and CAMPBELL, JJ.

MEMORANDUM OPINION

On November 24, 2004, the clerk of this Court received a copy of a notice of appeal filed on behalf of appellants Garry Lister, Nancy Lister and Doretta Moore.  By letter dated November 30, 2004, the clerk notified appellants that the filing fee and docketing statement had not been received, and that failure to pay the filing fee and file the docketing statement within ten days from the date of the letter could result in dismissal of the appeal. Tex. R. App. P. 32.1, 42.3(c); see Tex. R. App. P. 5.

That date has passed and no response has been received.  Accordingly, this appeal is dismissed. Tex. R. App. P. 42.3(c).

James T. Campbell

       Justice