Lee Brown v. Brenda Carol Brown

Opinion

                                      COURT OF APPEALS

                                       SECOND DISTRICT OF TEXAS

                                                   FORT WORTH

                                        NO. 2-09-289-CV

LEE BROWN                                                                       APPELLANT

                                                   V.

BRENDA CAROL BROWN                                                         APPELLEE

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            FROM THE 158TH DISTRICT COURT OF DENTON COUNTY

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                  MEMORANDUM OPINION^[1] AND JUDGMENT

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On December 10, 2009, we notified appellant that his brief had not been filed as required by Texas Rule of Appellate Procedure 38.6(a).  Tex. R. App. P. 38.6(a).  We stated we could dismiss the appeal for want of prosecution unless appellant or any party desiring to continue this appeal filed with the court within ten days a response showing grounds for continuing the appeal.  See Tex. R. App. P. 42.3.  We have not received any response.

Because appellant=s brief has not been filed, we dismiss the appeal for want of prosecution.  See Tex. R. App. P. 38.8(a), 42.3(b), 43.2(f).

Appellant shall pay all costs of this appeal, for which let execution issue.

PER CURIAM             

PANEL:  DAUPHINOT, GARDNER, and WALKER, JJ.

DELIVERED:  January 7, 2010

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^[1]See Tex. R. App. P. 47.4.