IN THE TENTH COURT OF APPEALS No. 10-12-00209-CV JAMES M. PENNEY, Appellant v. DAWN GROUNDS, KENNETH L. DEAN, FRED C. TADLOCK, RONALD R. FITZ-RANDOLPH, JR., AND JOHNNY J. KUZENKA, JR., Appellees

From the 52nd District Court Coryell County, Texas Trial Court No. COT-06-37154

MEMORANDUM OPINION

The Clerk of this Court notified the parties in a February 15, 2013 letter that the appellant’s brief was overdue in this cause and that the appeal may be dismissed if a response showing grounds for continuing the appeal was not filed within twenty-one days. No response has been received. Accordingly, the appeal is dismissed for want of prosecution. See TEX. R. APP. P. 38.8(a)(1), 42.3(b).

REX D. DAVIS Justice Before Chief Justice Gray, Justice Davis, and Justice Scoggins Dismissed Opinion delivered and filed March 28, 2013 [CV06]

Penney v. Grounds Page 2