NO. 07-02-0095-CV IN THE COURT OF APPEALS FOR THE SEVENTH DISTRICT OF TEXAS AT AMARILLO PANEL E FEBRUARY 24, 2005 ______________________________

JOHN J. HINDERA, APPELLANT V. TEXAS TECH UNIVERSITY, ET AL., APPELLEES

_________________________________ FROM THE 237TH DISTRICT COURT OF LUBBOCK COUNTY; NO. 2000-509,053; HONORABLE SAM MEDINA, JUDGE _______________________________ Before REAVIS and CAMPBELL, JJ. and BOYD, S.J.1

MEMORANDUM OPINION

By order dated January 20, 2005, this Court reinstated this appeal and notified appellant John J. Hindera that failure to take action within ten days would result in dismissal of the appeal for want of prosecution. Tex. R. App. P. 42.3(b). Hindera did not respond.

Accordingly, we dismiss the appeal.

Don H. Reavis Justice

John T. Boyd, Chief Justice (Ret.), Seventh Court of Appeals, sitting by assignment.