Dismissed and Memorandum Opinion filed November 4, 2004.

In The

Fourteenth Court of Appeals

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NO. 14-04-00662-CV

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RICHARD D. HELTON, INDIVIDUALLY AND D/B/A RDH BACKHOE AND D/B/A RDH BACKHOE SERVICE , Appellant

V.

CATERPILLAR FINANCIAL SERVICES CORPORATION, Appellee

On Appeal from the 190th District Court

Harris County, Texas

Trial Court Cause No. 03-44334

M E M O R A N D U M  O P I N I O N

This is an appeal from a judgment signed January 9, 2004.  The clerk=s record was filed on August 13, 2004.  No reporter=s record was taken.  No brief was filed.

On September 23, 2004, this Court issued an order stating that unless appellant submitted his brief, together with a motion reasonably explaining why the brief was late, on or before October 8, 2004, the Court would dismiss the appeal for want of prosecution.  See Tex. R. App. P. 42.3(b).

Appellant filed no response.

Accordingly, the appeal is ordered dismissed.

PER CURIAM

Judgment rendered and Memorandum Opinion filed November 4, 2004.

Panel consists of Justices Anderson, Hudson, and Frost.