Milad Nasrallah, et al v. Jim Foster--Appeal from 298th Judicial District Court of Dallas County (memorandum opinion per curiam)

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l)ISMISS; Opinion filed January 8, 2013 In The (!Initrt Lit ppia{ ft1! 1utrtrt üf xa at Ozillas No. 05-12-0 1 056-CV IVHLA1) NASRALLAH, SR. AND DOWDY FERRY AUTO SERVICES, INC., Appellants V JIM FOSTER, Appellee On Appeal from the 298th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-09-16681 MEMORANDUM OPINION l3efore Chief Justice Wright and Justices Francis and Lang-Miers Opinion By Chief Justice Wright Before the Court is appellee s December 7, 2012 motion to dismiss the appeal. Appellee contends the appeal should be dismissed for failure to prosecute. By letter dated October 5. 2012, the Court informed appellants that their brief was past due. We instructed appellants to file their brief with an extension motion within ten days. The Court cautioned appellants that failure to file their brief within the time requested would result in dismissal of their appeal. See TEx. R. App. P. 38.8(a)(1). As oftoday s date, appellants have not tiled a brief. Accordingly, we grant appellee s motion and dismiss the appeal for want of prosecution. See TEx. R. App. P. 42.2(b) & (c). .7> 7 C \ROI WRIGllT CHILF TUSFICE 121 056F.P05 y tutrt ui Aipra1 FiftIa Jiitrirt ui LcxaEi at Jt11us JUDGMENT MIL\i) NASRALLAI I. SR. ANI) D()W[)Y FERRY AUTO SERVICES, INC., Appellants No. 05-12-01056-CV V. Appeal from the 298th Judicial District Court of Dallas County, Texas. (Tr.Ct.No. DC-09 16681). Opinion delivered by Chief Justice Wright. Justices Francis and 1. an g NI i ers. participating. - JIM FOSTER. Appellee Based on the Court s opinion of this date. the appeal is DISMISSED. It is ORDERED that appellee. Jim Foster. recover his costs of the appeal from appellants, Milad Nasrallah, Sr. and Dowdy Ferry Auto Services, Inc. Judgment entered January 8. 201 3 7/ ,z CAROLYN WRIGHT CHIN JIiS3.IC.E

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