Jimmy Don Purselley v. Mansfield Metal & Rubber Appeal from 348th District Court of Tarrant County (memorandum opinion per curiam)

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COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH NO. 02-16-00423-CV JIMMY DON PURSELLEY APPELLANT V. MANSFIELD METAL & RUBBER APPELLEE ------------ FROM THE 348TH DISTRICT COURT OF TARRANT COUNTY TRIAL COURT NO. 348-272946-14 ------------ MEMORANDUM OPINION1 AND JUDGMENT -----------On July 25, 2017, 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 with the court within ten days a response showing grounds for continuing the appeal. See Tex. R. App. P. 42.3. 1 See Tex. R. App. P. 47.4. On May 22, 2017, we received a letter from Appellant’s attorney explaining that his email account had been compromised and a motion for an extension of time in which to file his brief. We granted Appellant’s motion and Appellant’s brief was ordered due Thursday, July 6, 2017. Appellant has not filed a brief. 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). Appellant shall pay all costs of this appeal, for which let execution issue. PER CURIAM PANEL: SUDDERTH, KERR, and PITTMAN, JJ. DELIVERED: August 17, 2017 2

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