Opinion issued October 15, 2009

In The

Court of Appeals

For The

First District of Texas

NO. 01–08–00310–CV

DANNIE REECE SAXON, Appellant

V.

FRANK E. SAXON, Appellee

On Appeal from the Probate Court No. 1

Harris County, Texas

Trial Court Cause No. 367441

MEMORANDUM OPINIONAppellant failed to timely file his notice of appeal by filing it almost a year after the date of the signing of the judgment from which he attempted to appeal. See Tex. R. App. P. 26.1. After being notified that this appeal was subject to dismissal, appellant Dannie Reece Dixon did not adequately respond. See Tex. R. App. P. 42.3(a) (allowing involuntary dismissal of case).

          The appeal is dismissed for want of jurisdiction. All pending motions are denied.

PER CURIAM

Panel consists of Justices Jennings, Higley, and Sharp.