Estate of Joe D. Whittenburg, Jr., Deceased Appeal from County Court at Law No 2 of Randall County (memorandum opinion per curiam)

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In The Court of Appeals Seventh District of Texas at Amarillo No. 07-15-00390-CV ESTATE OF JOE D. WHITTENBURG, JR., DECEASED On Appeal from the County Court at Law No 2 Randall County, Texas Trial Court No. 2015-205P, Honorable Delwin T. McGee, Presiding January 21, 2016 DISMISSAL Before QUINN, C.J., and CAMPBELL and HANCOCK, JJ. Appellants, George Whittenburg and Mack Whittenburg, filed a notice of appeal on October 15, 2015. We dismiss the appeal for want of prosecution. Appellants’ brief was due on December 21, 2015, but was not filed. By letter dated December 29, 2015, this Court notified appellants that if their brief was not received by January 8, 2016, the appeal would be dismissed for want of prosecution. To date, neither a brief nor a motion to extend the deadline for filing same has been received by the Court. Accordingly, we dismiss the appeal for want of prosecution. TEX. R. APP. P. 38.8(a)(1), 42.3(b). We refer appellants to Texas Rule of Appellate Procedure 49; it concerns requests for rehearing. Should appellants file such a motion accompanied by a brief comporting with the Rules of Appellate Procedure, it will be considered in due course. Per Curiam 2

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