Dennis Kyle Thurmon v. Skyline Mobile Home Estates; United States of America; City of Haltom City, Texas; Tarrant County, Texas; Tarrant County Hospital District; Tarrant County College District; and Birdville Independent School District--Appeal from 348th District Court of Tarrant County
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COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH NO. 2-08-287-CV DENNIS KYLE THURMON APPELLANT V. SKYLINE MOBILE HOME ESTATES; UNITED STATES OF AMERICA; CITY OF HALTOM CITY, TEXAS; TARRANT COUNTY, TEXAS; TARRANT COUNTY HOSPITAL DISTRICT; TARRANT COUNTY COLLEGE DISTRICT; AND BIRDVILLE INDEPENDENT SCHOOL DISTRICT ---------- APPELLEES FROM THE 348TH DISTRICT COURT OF TARRANT COUNTY ---------- MEMORANDUM OPINION 1 AND JUDGMENT ---------On February 17, 2009, we notified appellant that his brief had not been filed as required by Texas Rule of Appellate Procedure 38.6(a). See Tex. R. App. P. 38.6(a). We stated we could dismiss the appeal for want of prosecution unless appellant or any party desiring to continue this appeal filed 1 ¦ See Tex. R. App. P. 47.4. with the court within ten days a motion reasonably explaining the failure to file a brief and the need for an extension. See Tex. R. App. P. 10.5(b)(1), 38.8(a)(1), 42.3. We have not received any response. Because appellant s brief has not been filed, we dismiss the appeal for want of prosecution. See Tex. R. App. P. 38.8(a), 42.3(b), 43.2(f). Appellee Skyline Mobile Home Estate s March 11, 2009 motion to dismiss appellant s appeal for failure to timely file a brief is denied as moot. Appellant shall pay all costs of this appeal, for which let execution issue. PER CURIAM PANEL: MEIER, J.; CAYCE, C.J.; and LIVINGSTON, J. DELIVERED: March 19, 2009 2
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