COURT OF APPEALS

SECOND DISTRICT OF TEXAS
FORT WORTH

NO. 2-04-221-CV

KELLY BLACK                                                                       APPELLANT

V.

STATEWIDE TRUCKING CORP.,                                              APPELLEES

AND ITS UNKNOWN AGENTS OR

EMPLOYEES; AND JORGE RAMIREZ

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FROM THE 352ND DISTRICT COURT OF TARRANT COUNTY

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MEMORANDUM OPINION¹ AND JUDGMENT

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        On December 9, 2004, we notified appellant that his 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.  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:   HOLMAN, GARDNER, and WALKER, JJ.

DELIVERED: January 13, 2005

NOTES

1.  See Tex. R. App. P. 47.4.