Robert Scott Bauer and Angela Bauer v. Penn Investment Funds, LLC Joe Penn and Gene Hamm and The Hamm Law Firm, P.C. Appeal from 348th District Court of Tarrant County (memorandum opinion per curiam)
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In the Court of Appeals Second Appellate District of Texas at Fort Worth ___________________________ No. 02-23-00408-CV ___________________________ ROBERT SCOTT BAUER AND ANGELA BAUER, Appellants V. PENN INVESTMENT FUNDS, LLC, JOE PENN, GENE HAMM II, AND THE HAMM LAW FIRM, P.C., Appellees On Appeal from the 348th District Court Tarrant County, Texas Trial Court No. 348-318351-20 Before Birdwell, Bassel, and Womack, JJ. Per Curiam Memorandum Opinion MEMORANDUM OPINION AND JUDGMENT On April 9, 2024, we notified appellants that their brief had not been filed as the appellate rules require. See Tex. R. App. P. 38.6(a). We stated that we could dismiss the appeal for want of prosecution unless, within ten days, appellants filed with the court an appellants’ brief and an accompanying motion reasonably explaining the brief’s untimely filing and why an extension was needed. See Tex. R. App. P. 10.5(b), 38.8(a)(1), 42.3(b). We have received no response. Because appellants have failed to file a brief even after we afforded an opportunity to explain the initial failure, we dismiss the appeal for want of prosecution. See Tex. R. App. P. 38.8(a)(1), 42.3(b), 43.2(f). Appellants must pay all costs of this appeal. Per Curiam Delivered: May 9, 2024 2
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