                             NUMBER 13-08-00210-CV

                             COURT OF APPEALS

                  THIRTEENTH DISTRICT OF TEXAS

                     CORPUS CHRISTI - EDINBURG
______________________________________________________________

JIMMY WAYNE CUMPIAN,                                                           Appellant,

                                             v.

JAY LACK,                                           Appellee.
____________________________________________________________

             On appeal from the County Court at Law
                   of Calhoun County, Texas.
______________________________________________________________

                          MEMORANDUM OPINION

     Before Chief Justice Valdez and Justices Rodriguez and Benavides
                     Memorandum Opinion Per Curiam

       The appellant's brief in the above cause was due on September 24, 2008. On

October 2, 2008, the Clerk of the Court notified appellant that the brief had not been timely

filed and that the appeal was subject to dismissal for want of prosecution under Texas Rule

of Appellate Procedure 38.8(a)(1), unless within ten days from the date of receipt of this
letter, appellant reasonably explained the failure and the appellee was not significantly

injured by the appellant's failure to timely file a brief. No response has been received from

appellant.

       Appellant has failed to either reasonably explain his failure to file a brief, file a

motion for extension of time to file his brief, or file his brief. Accordingly, the appeal is

DISMISSED FOR WANT OF PROSECUTION. See TEX . R. APP. P. 38.8(a), 42.3(b).



                                                                PER CURIAM

Memorandum Opinion delivered and filed
this the 4th day of December, 2008.




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