COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 2-07-199-CV

DAVID LORENZA JOYNER APPELLANT

V.

MICHAEL EASTRIDGE, BRAD LIVINGSTON, APPELLEES

DAVID POTTER, AND NATHANIEL QUARTERMAN

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FROM THE 78 TH DISTRICT COURT OF WICHITA COUNTY

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MEMORANDUM OPINION ^{(footnote: 1)} AND JUDGMENT

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On December 5, 2007, 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).

PER CURIAM

PANEL B:  WALKER, LIVINGSTON, and MCCOY, JJ.

DELIVERED:  January 17, 2008

FOOTNOTES

1:

See Tex. R. App. P. 47.4.