Stanley, J. Alan, et al v. Patrick M. MacMillan, Ind., and d/b/a MacMillan & Company--Appeal from 113th District Court of Harris County

Opinion issued October 31, 2002

In The

Court of Appeals

For The

First District of Texas

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NO. 01-01-00880-CV

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J. ALAN STANLEY, ET AL, Appellants

V.

PATRICK M. MACMILLAN, INDIVIDUALLY AND d/b/a MACMILLAN & COMPANY, LTD., ET AL., Appellees

On Appeal from the 113th District Court

Harris County, Texas

Trial Court Cause No. 9940819

O P I N I O N

This is an appeal from a final judgment signed on January 29, 2001 following a non-jury trial on the merits. The Clerk's Record was filed on September 28, 2001 and the Reporter's Record was filed on March 7, 2002. Appellants' brief in this appeal was initially due on April 6, 2002. See Tex. R. App. P. 38.6(a). Appellants were granted two extensions of time for filing their brief. Appellants' brief was not received by this Court, and on September 26, 2002 we issued an order stating that unless, within 20 days of the date of the order (1) a reasonable explanation for failure to timely file appellants' brief was filed, and (2) appellants' brief was filed, the Court would dismiss the appeal for want of prosecution. See Tex. R. App. P. 38.8(a)(1), 42.3(b).

No reasonable explanation or brief has been filed; appellants have not responded to this Court's order of September 26, 2001. Accordingly, the appeal is dismissed for want of prosecution. All pending motions are overruled as moot.

It is so ORDERED.

PER CURIAM

Panel consists of Justices Hedges, Keyes, and Price (1).

Do not publish. Tex. R. App. P. 47.

1.