Kilpatrick V. Kilpatrick, 02-07-138-CV

Full title: DONALD KILPATRICK, INDIVIDUALLY AND AS REPRESENTATIVE OF THE ESTATE OF…

Court: Court of Appeals of Texas, Second District, Fort Worth

Date published: Jan 31, 2008

No. 02-07-138-CV (Tex. App. Jan. 31, 2008)

Opinion

No. 02-07-138-CV

Delivered: January 31, 2008.

Appealed from the 352nd District Court of Tarrant County.

PANEL D: WALKER, J.; CAYCE, C.J.; and MCCOY, J.

MEMORANDUM OPINION¹

1 See TEX. R. APP. P. 47.4.

PER CURIAM.

We have considered the motion filed by appellees requesting that we dismiss this appeal for appellants' failure to prosecute the appeal. On December 17, 2007, we notified appellants that their brief had not been filed and that their appeal may be dismissed for want of prosecution unless appellants or any party desiring to continue this appeal filed with the court on or before December 27, 2007, a response reasonably explaining the failure to timely file a brief. See TEX. R. APP. P. 38.8(a)(1). Appellants did not file a response.

Accordingly, it is the court's opinion that appellees' motion should be granted; therefore, we dismiss the appeal for want of prosecution. See TEX. R. APP. P. 42.3(b)-(c), 43.2(f).