IN THE

TENTH COURT OF APPEALS

No. 10-08-00402-CV

John Benjamin Clopton and

Barbara Ann Clopton,

                                                                                    Appellants

 v.

Stephen Lynn Bradford and

Raymond James Massey,

                                                                                    Appellees

From the 40th District Court

Ellis County, Texas

Trial Court No. 76632

            John Benjamin Clopton and Barbara Ann Clopton filed a notice of appeal from the trial court’s order denying the Cloptons’ motion to strike the Intervenor’s plea in intervention.  The Clerk of this Court notified the Cloptons by letter that the appeal was subject to dismissal because it appeared there was no right of interlocutory appeal.  The Cloptons were also notified that the appeal would be dismissed unless, within 21 days from the date of the letter, a response was filed showing grounds for continuing the appeal.

            The Cloptons faxed a response but it does not show grounds for continuing the appeal.  Accordingly, this appeal is dismissed.  See Tex. R. App. P. 42.3, 44.3.

                                                                        TOM GRAY

                                                                        Chief Justice

Before Chief Justice Gray,

            Justice Vance, and

            Justice Reyna

            (Justice Vance dissenting)

Appeal dismissed

Opinion delivered and filed December 23, 2008

[CV06]