Thomas W. Smith and Nationwide Metal Buildings, LLC v. TMS Construction, Inc. Appeal from 53rd District Court of Travis County (memorandum opinion )

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TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-16-00106-CV Thomas W. Smith and Nationwide Metal Buildings, LLC, Appellants v. TMS Construction, Inc., Appellee FROM THE DISTRICT COURT OF TRAVIS COUNTY, 53RD JUDICIAL DISTRICT NO. D-1-GN-16-000110, HONORABLE SCOTT H. JENKINS, JUDGE PRESIDING MEMORANDUM OPINION Appellants’ brief was due on May 12, 2016. On June 6, 2016, this Court notified appellants that their brief was overdue and that a failure to respond by June 16, 2016 would result in the dismissal of this appeal for want of prosecution. To date, appellants have not filed a brief or a motion for extension of time. Accordingly, we dismiss this appeal for want of prosecution. See Tex. R. App. P. 38.8(a), 42.3(b). __________________________________________ Cindy Olson Bourland, Justice Before Chief Justice Rose, Justices Goodwin and Bourland Dismissed for Want of Prosecution Filed: July 6, 2016

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