APPELLANTS v. APPELLEE (2010)

COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

MEMORANDUM OPINION1 AND JUDGMENT

On June 14, 2010, we notified appellants A.J. Morris, M.D., P.A. and Rio Grande Valley Imaging, Inc. that their brief had not been filed as required by Texas Rule of Appellate Procedure 38.6(a).   See Tex.R.App. P. 38.6(a).   We stated that we could dismiss their appeal for want of prosecution unless those appellants or any party desiring to continue the appeal filed with the court within ten days a response showing grounds for continuing their appeal.   See Tex.R.App. P. 42.3.   We have not received any response.

Because their appellants' brief has not been filed, we dismiss the appeal of A.J. Morris, M.D., P.A. and Rio Grande Valley Imaging, Inc. for want of prosecution.   See Tex.R.App. P. 38.8(a), 42.3(b), 43.2(f).  The appeal of A.J. Morris, M.D. is still pending.   This case shall hereafter be styled “A.J. Morris, M.D. v. De Lage Landen Financial Services, Inc.”

Appellants A.J. Morris, M.D., P.A. and Rio Grande Valley Imaging, Inc. shall pay all costs of their appeal, for which let execution issue.

PANEL:  DAUPHINOT, GARDNER, and WALKER, JJ.

DELIVERED:  July 15, 2010

FOOTNOTES

FN1. See Tex.R.App. P. 47.4..  FN1. See Tex.R.App. P. 47.4.