Clyde Littles sued William George Pittman d/b/a Pittman Sports & Imports, Inc., for breach of contract, deceptive trade practices, and fraud. When Littles failed to appear for trial, the trial court dismissed Littles's claims for want of prosecution and awarded Pittman judgment for attorney fees in the amount of $3,000. The appeal was submitted without briefs because the appellant failed to file his brief by November 28, 2006, the due date on the extension granted for filing a brief. See Tex. R. App. P. 38.6 (a)(d). On January 23, 2007, 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). Costs are assessed against the appellant.

APPEAL DISMISSED.

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CHARLES KREGER

Justice

Submitted on February 13, 2007

Opinion Delivered March 1, 2007

Before Gaultney, Kreger and Horton, JJ.