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Before JOHNSON, C.J., QUINN, J. and BOYD, S.J. ⁽¹⁾

ON MOTION TO DISMISS

Appellant Vy Le filed a motion to dismiss this appeal because he longer desires to prosecute it. Without passing on the merits of the case, we grant the motion to dismiss pursuant to Texas Rule of Appellate Procedure 42.1(a)(2) and dismiss the appeal. Having dismissed the appeal at appellant's request, no motion for rehearing will be entertained, and our mandate will issue forthwith.

Brian Quinn

Justice

1. John T. Boyd, Chief Justice (Ret.), Seventh Court of Appeals, sitting by assignment. Tex. Gov't Code Ann. §75.002(a)(1) (Vernon Supp. 2002).

APP. P. 38.8(a).

In response to this Court's letter, appellant filed a motion for extension of time to file appellant's brief. By letter dated November 16, 2006, we granted appellant's motion and extended the deadline to file his brief to December 28, 2006. On January 3, 2007, appellant filed another motion for extension of time to file appellant's brief. By letter dated January 5, 2007, we granted appellant's motion and extended the deadline to file his brief to January 26, 2007, "with the admonition that additional extensions will not be granted absent extreme and unusual circumstances."

No brief or further motion for extension of time to file appellant's brief has been received. Accordingly, notice having been given to all parties, we now dismiss the appeal for want of prosecution. TEX. R. APP. P. 38.8(a)(1); 42.3.

James T. Campbell

Justice