Terri Rochelle Walters appealed an order denying relief in a suit to modify and counter-petition in a suit to modify parent-child relationship. The appeal was submitted without briefs because the appellant failed to file her brief by the October 31, 2005 due date. See Tex. R. App. P. 38.6(b). The appellant did not request additional time to file the brief. See Tex. R. App. P. 38.6(d). On January 24, 2006, we notified the parties that the appeal would be advanced without oral argument. See Tex. R. App. P. 39.9. In the absence of a brief assigning error, we dismiss the appeal for want of prosecution. Tex. R. App. P. 38.8(a)(1).

APPEAL DISMISSED.

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STEVE McKEITHEN

Chief Justice

Submitted on February 14, 2006

Opinion Delivered February 23, 2006

Before McKeithen, C.J., Gaultney, and Horton, JJ.