NO. 07-02-0112-CV IN THE COURT OF APPEALS FOR THE SEVENTH DISTRICT OF TEXAS AT AMARILLO PANEL E FEBRUARY 24, 2005 ______________________________

JOHN J. HINDERA, APPELLANT V. NELSON DOMETRIUS, APPELLEE

_________________________________ FROM THE 237TH DISTRICT COURT OF LUBBOCK COUNTY; NO. 99-507,408; HONORABLE SAM MEDINA, JUDGE _______________________________ Before REAVIS and CAMPBELL, JJ. and BOYD, S.J.1

MEMORANDUM OPINION

Pending before this Court is the second motion to dismiss of appellee Nelson Dometrius by which he requests dismissal citing appellant John J. Hindera’s lack of due diligence in pursuing this appeal. By order dated January 20, 2005, we reinstated the

John T. Boyd, Chief Justice (Ret.), Seventh Court of Appeals, sitting by assignment. appeal and notified Hindera that failure to take any action within 10 days would result in dismissal for want of prosecution. Hindera did not respond. We grant Dometrius’s motion and dismiss the appeal.

Accordingly, this appeal is dismissed for want of prosecution. Tex. R. App. P. 42.3(b).

Don H. Reavis Justice