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 ^{(footnote: 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).  T EX. R. A PP. 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 T EX . R. A PP . 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

FOOTNOTES

1:

See Tex. R. App. P. 47.4.