Linda Gale Hurley v. Lowell Cable, Mary Cable and Day Cable, d/b/a The Reilly Springs Land Company Partnership--Appeal from 62nd District Court of Hopkins County

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In The Court of Appeals Sixth Appellate District of Texas at Texarkana ______________________________ No. 06-09-00077-CV ______________________________ LINDA GALE HURLEY, Appellant V. LOWELL CABLE, MARY CABLE, AND DAY CABLE, D/B/A THE REILLY SPRINGS LAND COMPANY PARTNERSHIP, Appellees On Appeal from the 62nd Judicial District Court Hopkins County, Texas Trial Court No. CV35867 Before Morriss, C.J., Carter and Moseley, JJ. Memorandum Opinion by Justice Moseley MEMORANDUM OPINION Linda Gale Hurley, appellant, filed her notice of appeal August 18, 2009. The clerk s record was filed September 18, 2009, and the reporter s record was filed October 14, 2009. Hurley s brief was therefore due November 13, 2009. When neither a brief nor a motion to extend time for filing the same had been filed by December 14, 2009, we contacted Hurley by letter and informed her that if a brief had not been filed by December 29, 2009, the appeal would be subject to dismissal for want of prosecution. See TEX. R. APP. P. 42.3(b), (c). We have received no communication from Hurley. Pursuant to TEX. R. APP. P. 42.3(b), we dismiss this appeal for want of prosecution. Bailey C. Moseley Justice Date Submitted: Date Decided: January 27, 2010 January 28, 2010 2

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