






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. 




 
