APPELLANT v. APPELLEES (2011)

Court of Appeals of Texas, Waco.

Rory Newkirk APPELLANT v. Donnaley, Inc., L.L.C. d/b/a BellaDonna Shoes, Tiffanie O'Bryant, and Libbie Roundtree APPELLEES

NO. 02–10–00411–CV

Decided: May 31, 2011

COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

MEMORANDUM OPINION1 AND JUDGMENT

On April 27, 2011, we notified appellant that his 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 we could dismiss the appeal for want of prosecution unless appellant or any party desiring to continue this appeal filed with the court within ten days a response showing grounds for continuing the appeal. See Tex.R.App. P. 42.3. We have not received any response.

Because appellant's brief has not been filed, we dismiss the appeal for want of prosecution. See Tex.R.App. P. 38.8(a), 42.3(b), 43.2(f).

Appellant shall pay all costs of this appeal, for which let execution issue.

PANEL: MEIER, J.; LIVINGSTON, C.J.; and GABRIEL, J.

DELIVERED: May 26, 2011

FOOTNOTES

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

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