Trish Rudder a/k/a Trish Rudder Friedman and All Occupants v. Value REI, Inc.--Appeal from County Court at Law No. 1 of Tarrant County

COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 2-05-130-CV

TRISH RUDDER A/K/A TRISH RUDDER APPELLANT

FRIEDMAN AND ALL OCCUPANTS

V.

VALUE REI, INC. APPELLEE

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FROM COUNTY COURT AT LAW NO. 1 OF TARRANT COUNTY

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MEMORANDUM OPINION[1]

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We have considered the motion filed by appellee Value REI, Inc. requesting that we dismiss the appeal of appellant Trish Rudder for failure to file an appellate brief. Appellant=s brief was due August 8, 2005. On September 27, 2005, we granted appellant=s request for additional time to file her brief and ordered the brief due October 7, 2005. Our order specifically stated, AIf appellant=s brief is not filed by October 7, 2005, the appeal may be dismissed for want of prosecution. See Tex. R. App. P. 38.8(a)(1).@ Appellant has not filed an appellate brief nor sought an additional extension of time for filing her brief. Accordingly, it is the court=s opinion that appellee=s motion should be granted; therefore, we dismiss the appeal for want of prosecution. See TEX. R. APP. P. 42.3(b)-(c), 43.2(f).

PER CURIAM

PANEL D: HOLMAN, GARDNER, and WALKER, JJ.

DELIVERED: November 3, 2005

[1]See Tex. R. App. P. 47.4.