                            NUMBER 13-09-00002-CV

                           COURT OF APPEALS

                 THIRTEENTH DISTRICT OF TEXAS

                    CORPUS CHRISTI - EDINBURG
______________________________________________________________

PAUL FREEMAN,                                                              Appellant,

                                          v.

STEPHENS PRODUCTION COMPANY,
A DIVISION OF STEPHENS GROUP, INC., ET AL.,        Appellees.
____________________________________________________________

             On appeal from the 389th District Court
                    of Hidalgo 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 August 17, 2009. On

September 3, 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 15th day of October, 2009.




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