COURT OF APPEALS

SECOND DISTRICT OF TEXAS
FORT WORTH

NO. 2-05-172-CV

DEL WARE COMPANIES                                                         APPELLANT

V.

ARGYLE INDEPENDENT SCHOOL                                               APPELLEE

DISTRICT

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FROM THE 367TH DISTRICT COURT OF DENTON COUNTY

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MEMORANDUM OPINION¹ AND JUDGMENT

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        On August 5, 2005, we notified appellant that its brief had not been filed as required by rule 38.6(a).  See TEX. R. APP. P. 38.6(a).  We stated we would dismiss the appeal for want of prosecution unless appellant or any party desiring to continue this appeal filed with the court within ten days a response showing grounds for continuing the appeal.  See TEX. R. APP. P. 38.8(a)(1).  We have not received any response.

        Because appellant’s brief has not been filed, we dismiss the appeal for want of prosecution.  See TEX. R. APP. P. 38.8(a)(1), 42.3(b).

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

                                                                           PER CURIAM

PANEL D:   LIVINGSTON, DAUPHINOT, and HOLMAN, JJ.

DELIVERED: August 25, 2005

NOTES

1.  See Tex. R. App. P. 47.4.