NUMBER 13-04-509-CV

                         COURT OF APPEALS

               THIRTEENTH DISTRICT OF TEXAS

                  CORPUS CHRISTI - EDINBURG

_______________________________________________________

JAMES H. EDWARDS, ET AL.,                                  Appellants,

                                           v.

ALUMINUM COMPANY OF AMERICA, ET AL.,               Appellees.

_______________________________________________________ 

                  On appeal from the 117th District Court

                           of Nueces County, Texas.

______________________________________________________   

                     MEMORANDUM OPINION

                Before Justices Hinojosa, Yañez, and Garza

                       Memorandum Opinion Per Curiam

Appellants, JAMES H. EDWARDS, ET AL., perfected an appeal from a judgment entered by the   117th District Court of Nueces County, Texas, in cause number 04-3815-H.  The clerk=s record was filed on October 27, 2005.  No reporter=s record was filed.  Appellants= brief was due on November 28, 2005.  To date, no appellate brief has been received.

When the appellant has failed to file a brief in the time prescribed, the Court may dismiss the appeal for want of prosecution, unless the appellant reasonably explains the failure and the appellee is not significantly injured by the appellant=s failure to timely file a brief.  Tex. R. App. P. 38.8(a)(1).

On January 31, 2006, notice was given to all parties that this appeal was subject to dismissal pursuant to Tex. R. App. P. 38.8(a)(1).  Appellants were given ten days to explain why the cause should not be dismissed for failure to file a brief.  To date, no response has been received.

The Court, having examined and fully considered the documents on file, appellants= failure to file a proper appellate brief, this Court=s notice, and appellants= failure to respond, is of the opinion that the appeal should be dismissed for want of prosecution.  The appeal is hereby DISMISSED FOR WANT OF PROSECUTION.

PER CURIAM

Memorandum Opinion delivered and filed

this the 2nd day of March, 2006