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 OPINION ^{(footnote: 1)} 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 T EX . R. A PP . 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 T EX . R. A PP . 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 T EX . R. A PP . 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

FOOTNOTES

1:

See Tex. R. App. P. 47.4.