                           NUMBER 13-11-00193-CV

                           COURT OF APPEALS

                  THIRTEENTH DISTRICT OF TEXAS

                    CORPUS CHRISTI - EDINBURG
____________________________________________________________

JAMES P. ARTHUR,                                                          Appellant,

                                          v.

BANK OF NEW YORK MELLON AS TRUSTEE FOR
CIT HOME EQUITY LOAN TRUST 2002-2,                  Appellee.
____________________________________________________________

          On Appeal from the County Court at Law No. 1
                    of Harris County, Texas.
____________________________________________________________

                         MEMORANDUM OPINION
           Before Chief Justice Valdez and Justices Garza and Vela
                      Memorandum Opinion Per Curiam

      The appellant's brief in the above cause was due on December 17, 2011. On

January 11, 2012, 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. To date, 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


Delivered and filed the
23rd day of February, 2012.




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