l)ISMISS; Opinion filed January 8, 2013

In The (!Initrt Lit ppia{ ft1! 1utrtrt üf xa at Ozillas No. 05-12-0 1 056-CV

IVHLA1) NASRALLAH, SR. AND DOWDY FERRY AUTO SERVICES, INC., Appellants V JIM FOSTER, Appellee

On Appeal from the 298th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-09-16681

MEMORANDUM OPINION l3efore Chief Justice Wright and Justices Francis and Lang-Miers Opinion By Chief Justice Wright Before the Court is appellee’s December 7, 2012 motion to dismiss the appeal. Appellee contends the appeal should be dismissed for failure to prosecute. By letter dated October 5. 2012, the Court informed appellants that their brief was past due. We instructed appellants to file their brief with an extension motion within ten days. The Court cautioned appellants that failure to file their brief within the time requested would result in dismissal of their appeal. See TEx. R. App. P. 38.8(a)(1).

As oftoday’s date, appellants have not tiled a brief. Accordingly, we grant appellee’s motion and dismiss the appeal for want of prosecution. See TEx. R. App. P. 42.2(b) & (c). — .7> C ‘\ROI ‘WRIGllT CHILF TUSFICE 056F.P05 y tutrt ui Aipra1 FiftIa Jiitrirt ui LcxaEi at Jt11us JUDGMENT MIL\i) NASRALLAI I. SR. ANI) D()W[)Y Appeal from the 298th Judicial District Court FERRY AUTO SERVICES, INC., Appellants of Dallas County, Texas. (Tr.Ct.No. DC-09 16681).

No. 05-12-01056-CV V. Opinion delivered by Chief Justice Wright.

Justices Francis and 1. an g NI i ers. -

JIM FOSTER. Appellee participating.

Based on the Court’s opinion of this date. the appeal is DISMISSED.

It is ORDERED that appellee. Jim Foster. recover his costs of the appeal from appellants, Milad Nasrallah, Sr. and Dowdy Ferry Auto Services, Inc.

Judgment entered January 8. 201 3

7/ ,z CAROLYN WRIGHT CHIN JIiS3.IC.E