                                    NO. 07-09-0110-CV

                              IN THE COURT OF APPEALS

                       FOR THE SEVENTH DISTRICT OF TEXAS

                                       AT AMARILLO

                                          PANEL D

                                   AUGUST 17, 2009
                           ______________________________

                    In the Interest of D.V., Jr., A.V. and A.V., Children

                        _________________________________

             FROM THE 99th DISTRICT COURT OF LUBBOCK COUNTY;

            NO. 99-505,558; HONORABLE WILLIAM C. SOWDER, JUDGE
                       _______________________________

                              MEMORANDUM OPINION
                          _______________________________

Before QUINN, C.J., and CAMPBELL and PIRTLE, JJ.


       Helen Vela (appellant) filed a pro se notice of appeal seeking to alter the trial court’s

judgment on child support surplus. We dismiss the appeal. The clerk’s record was filed

with this court on April 6, 2009, and the reporter’s record on June 17, 2009. Appellant’s

brief fell due on July 20, 2009. It was not received, however. By letter dated July 30, 2009,

we notified appellant that the due date for the brief had lapsed, that the brief had not been

filed, and that no motion to extend the deadline had been received by the court. Citing

TEX . R. APP. P. 38.8, the letter also notified appellant that the appeal would be subject to

dismissal unless a response reasonably explaining her failure to file a brief was submitted

by August 10, 2009. To date, no brief or motion to extend the deadline has been filed. Nor

has the court received any explanation for the omission.
       Accordingly, we dismiss the appeal for want of prosecution. TEX . R. APP. P.

38.8(a)(1); 42.3(b).


                                             Per Curiam




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