TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

JUDGMENT RENDERED JULY 6, 2016

NO. 03-16-00106-CV

Thomas W. Smith and Nationwide Metal Buildings, LLC, Appellants v. TMS Construction, Inc., Appellee

APPEAL FROM THE 53RD DISTRICT COURT OF TRAVIS COUNTY BEFORE CHIEF JUSTICE ROSE, JUSTICES GOODWIN AND BOURLAND DISMISSED FOR WANT OF PROSECUTION -- OPINION BY JUSTICE BOURLAND

Having reviewed the record, the Court holds that Thomas W. Smith and Nationwide Metal Buildings, LLC have not prosecuted their appeal and did not comply with a notice from the Clerk of this Court. Therefore, the Court dismisses the appeal for want of prosecution. The appellants shall pay all costs relating to this appeal, both in this Court and in the court below.