Marcy Lerch, et-al v. Wilmington Trust NA Successor Trustee for the Merrill Lynch Mortgage Investor Trust Series 2006-HE5 Appeal from County Court at Law No 1 of Fort Bend County (memorandum opinion per curiam)

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Opinion issued December 8, 2015 In The Court of Appeals For The First District of Texas ———————————— NO. 01-15-00505-CV ——————————— MARCY LERCH, ET AL., Appellants V. WILMINGTON TRUST NA SUCCESSOR TRUSTEE FOR THE MERRILL LYNCH MORTGAGE INVESTOR TRUST SERIES 2006-HE5, Appellee On Appeal from the County Court at Law No. 1 Fort Bend County, Texas Trial Court Cause No. 15-CCV-054652 MEMORANDUM OPINION Appellants, Marcy Lerch, et al., appealed from the trial court’s final judgment, signed on April 21, 2015. See TEX. R. APP. P. 26.1(a)(1). However, appellants have failed to timely file their appellate brief. See id. 38.6(a), 38.8(a)(1). After being notified by the Clerk of this Court on September 16, 2015, that their appeal was subject to dismissal for failure to timely file their appellate brief, appellants failed to timely respond. See id. 38.8(a)(1), 42.3(b), (c). Accordingly, we dismiss the appeal for want of prosecution for failure to timely file a brief. See TEX. R. APP. P. 38.8(a)(1), 42.3(b), (c). We dismiss any pending motions as moot. PER CURIAM Panel consists of Justices Higley, Huddle, and Lloyd. 2

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