______________________________________________________________

JIMMY WAYNE CUMPIAN, Appellant,

JAY LACK, Appellee.

____________________________________________________________

______________________________________________________________

Memorandum Opinion Per Curiam

The appellant's brief in the above cause was due on September 24, 2008. On October 2, 2008, 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. 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 4th day of December, 2008.