TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-09-00260-CV

Troy Rose, Appellant v. City of Brady, Texas, Appellee

FROM THE DISTRICT COURT OF MCCULLOCH COUNTY, 198TH JUDICIAL DISTRICT NO. 2008143, HONORABLE EMIL KARL PROHL, JUDGE PRESIDING

MEMORANDUM OPINION

The appellant’s brief was due on July 9, 2009. On July 21, 2009, this Court notified appellant that his brief was overdue and that a failure to file a proper motion for extension of time by July 31, 2009, would result in the dismissal of this appeal for want of prosecution. To date, the appellant has not filed a brief or a motion for extension of time.1 Accordingly, we dismiss this appeal for want of prosecution.

___________________________________________ Diane M. Henson, Justice Before Chief Justice Jones, Justices Waldrop and Henson Dismissed for Want of Prosecution Filed: August 26, 2009

On May 11, 2009, the appellant filed a motion to extend time to file his notice of appeal.

Because the filing fee has not been paid and no certificate of conference has been filed, see Tex. R. App. P. 10.1(a)(5), the motion remains pending and is hereby dismissed as moot.