COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 2-05-273-CV

LUIS PENA AND ALL OCCUPANTS APPELLANTS

V.

BANK OF NEW YORK APPELLEE

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FROM COUNTY COURT AT LAW NO. 1 OF TARRANT COUNTY

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MEMORANDUM OPINION ^{(footnote: 1)} AND JUDGMENT

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On October 10, 2005, we notified appellants that their brief had not been filed as required by T EX. R. A PP. P. 38.6(a).  We stated we would dismiss the appeal for want of prosecution unless appellants 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 appellants’ brief has not been filed, we dismiss the appeal for want of prosecution.   See T EX . R. A PP . P. 38.8(a), 42.3(b).

Appellants shall pay all costs of this appeal, for which let execution issue.

PER CURIAM

PANEL D: CAYCE, C.J.; LIVINGSTON and DAUPHINOT, JJ.

DELIVERED: November 3, 2005

FOOTNOTES

1:

See Tex. R. App. P. 47.4.