                             NUMBER 13-09-00098-CV

                             COURT OF APPEALS

                   THIRTEENTH DISTRICT OF TEXAS

                     CORPUS CHRISTI - EDINBURG
______________________________________________________________

               IN THE INTEREST OF M.S., A CHILD
____________________________________________________________

              On appeal from the 25th District Court
                   of Gonzales County, Texas.
______________________________________________________________

                           MEMORANDUM OPINION

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

       The appellant's brief in the above cause was due on September 28, 2009. On

October 5, 2009, 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


Memorandum Opinion delivered
and filed this the 5th day of November, 2009.




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