COURT OF APPEALS

                                       SECOND DISTRICT OF TEXAS

                                                   FORT WORTH

                                        NO. 2-06-159-CV

DAVID HUTTON                                                                  APPELLANT

                                                   V.

DAVID STONER                                                                     APPELLEE

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            FROM THE 352^ND DISTRICT COURT OF TARRANT COUNTY

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                  MEMORANDUM OPINION^[1] AND JUDGMENT

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On October 9, 2006, we notified appellant that his brief had not been filed as required by Texas Rule of Appellate Procedure 38.6(a).  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), 42.3(b).

Appellant shall pay all costs of this appeal, for which let execution issue.

PER CURIAM              

PANEL D:  WALKER, J.; CAYCE, C.J.; and MCCOY, J.

DELIVERED:  November 2, 2006