Estate of Joe D. Whittenburg, Jr., Deceased v. << (2016)

Court of Appeals of Texas, Amarillo.

Estate of Joe D. Whittenburg, Jr., Deceased

No. 07–15–00390–CV

Decided: January 21, 2016

Before QUINN, C.J., and CAMPBELL and HANCOCK, JJ.

DISMISSAL

Appellants, George Whittenburg and Mack Whittenburg, filed a notice of appeal on October 15, 2015. We dismiss the appeal for want of prosecution.

Appellants' brief was due on December 21, 2015, but was not filed. By letter dated December 29, 2015, this Court notified appellants that if their brief was not received by January 8, 2016, the appeal would be dismissed for want of prosecution. To date, neither a brief nor a motion to extend the deadline for filing same has been received by the Court.

Accordingly, we dismiss the appeal for want of prosecution. Tex.R.App. P. 38.8(a)(1), 42.3(b). We refer appellants to Texas Rule of Appellate Procedure 49; it concerns requests for rehearing. Should appellants file such a motion accompanied by a brief comporting with the Rules of Appellate Procedure, it will be considered in due course.

Per Curiam

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