COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH NO. 2-08-361-CV CHARLES E. MCKINSTRY APPELLANT V. CHARLES VESS APPELLEE ---------- FROM COUNTY COURT AT LAW NO. 1 OF TARRANT COUNTY ---------- MEMORANDUM OPINION 1 AND JUDGMENT ---------- On January 22, 2009, we notified appellant that his brief had not been filed as required by Texas Rule of Appellate Procedure 38.6(a). Tex. R. App. P. 38.6(a). We stated we could dismiss the appeal for want of prosecution unless appellant or any party desiring to continue this appeal filed with the court within ten days a response showing grounds for continuing the appeal.

See Tex. R. App. P. 42.3. We have not received any response.

… See Tex. R. App. P. 47.4.

Because appellant’s brief has not been filed, we dismiss the appeal for want of prosecution. See Tex. R. App. P. 38.8(a), 42.3(b), 43.2(f).

PER CURIAM

PANEL: MCCOY, J.; CAYCE, C.J.; and MEIER, J.

DELIVERED: February 19, 2009