Tamar Avni-Kaminetzky and Dov Avni Kaminetzky v. Mission Bend 5 Home Association

Opinion

Opinion issued September 24, 2003

In The

Court of Appeals

For The

First District of Texas

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NO. 01-01-01154-CV

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TAMAR AVNI KAMINETZKY AND DOV AVNI KAMINETZKY A/K/A DOV K. AVNI, Appellants

V.

MISSION BEND NO. 5 HOME ASSOCIATION, INC., Appellee

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On Appeal from the 281st District Court

Harris County, Texas

Trial Court Cause No. 95-22777

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O P I N I O N

          On September 8, 2003, this Court ordered appellants Tamar Avni Kaminetzky and Dov Avni Kaminetzky a/k/a Dov K. Avni to file—before or on September 23, 2003—either (1) their brief or (2) a reasonable explanation for failure to timely file their appellants’ brief. See Tex. R. App. P. 38.8(a)(1). The Court further informed appellants that if neither the appellants’ brief nor a reasonable explanation was timely filed, the Court would dismiss the appeal for want of prosecution. See Tex. R. App. P. 38.8(a)(1), 42.3.

          The appellants did not comply with this Court’s September 8, 2003 order. Accordingly, we dismiss the appeal for want of prosecution.

PER CURIAM

Panel consists of Justice Hedges, Nuchia, and Higley.