IN THE

TENTH COURT OF APPEALS

No. 10-04-00154-CV

Thomas H. (Bubba) Smith,

                                                                      Appellant

 v.

Matt Baker, Beverly McNeely,

and Ron Gilmer,

                                                                      Appellees

From the 82nd District Court

Robertson County, Texas

Trial Court # 03-02-16638-CV

The Clerk of this Court notified the appellant that the appellant’s brief was overdue in this cause and that the appeal would be dismissed for want of prosecution if a response showing grounds for continuing the appeal was not filed.  See Tex. R. App. P. 38.8(a)(1), 42.3(b).  In response, the Co-Independent Executors of appellant’s estate have filed a suggestion of death and have stated their “elect[ion] to discontinue this suit.”  Accordingly, the appeal is dismissed.

PER CURIAM

Before Chief Justice Gray,

Justice Vance, and

Justice Reyna

Appeal dismissed

Opinion delivered and filed March 23, 2005

[CV06]