John Wieder sued Willie Mae Elmore in her capacity as President of the Board of Trustees for the Port Arthur Independent School District. The trial court dismissed the suit for lack of jurisdiction. Wieder filed a notice of appeal but failed to file a brief. We notified the parties that the appeal would be submitted 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. See Tex. R. App. P. 38.8(a)(1).

APPEAL DISMISSED.

____________________________

DAVID GAULTNEY

Justice

Submitted on February 6, 2008

Opinion Delivered February 14, 2008

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