NO. 07-04-0294-CV IN THE COURT OF APPEALS FOR THE SEVENTH DISTRICT OF TEXAS AT AMARILLO PANEL D JANUARY 12, 2005 ______________________________

JOE W. NELSON, APPELLANT V. LUBBOCK CENTRAL APPRAISAL DIST., APPELLEE

_________________________________ FROM THE 99TH DISTRICT COURT OF LUBBOCK COUNTY; NO. 2000-732,542; HONORABLE SAM MEDINA, JUDGE _______________________________ Before QUINN and REAVIS and CAMPBELL, JJ.

MEMORANDUM OPINION

As assignee of Joe W. Nelson, appellant Samuel Brown Silverman perfected this appeal from the trial court’s order granting claims to excess proceeds. By letter dated November 30, 2004, this Court notified Silverman that appellant’s brief was due on or before December 30, 2004, indicating that failure to comply might result in dismissal for want of prosecution pursuant to Rule 38.8(a)(1) of the Texas Rules of Appellate Procedure.

Silverman did not respond and the brief remains outstanding.

Accordingly, we dismiss this appeal for want of prosecution and failure to comply with a directive of this Court. See Tex. R. App. P. 38.8(a)(1); 42.3(b) & (c).

Don H. Reavis Justice