TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-08-00623-CV

Rick C. Magana, Appellant v. Tiffany Sims, Appellee

FROM THE DISTRICT COURT OF TRAVIS COUNTY, 200TH JUDICIAL DISTRICT NO. D-1-FM-04-007702, HONORABLE DERWOOD JOHNSON, JUDGE PRESIDING

MEMORANDUM OPINION

Rick C. Magana’s brief was due on March 30, 2009. No brief was filed by that date.

This Court’s clerk sent Magana a notice of late brief dated April 14, 2009. The notice informed Magana that failure to file a response by April 24, 2009, could result in dismissal of the appeal for want of prosecution. To date, Magana has not filed a brief, a motion to extend, or other response.

This appeal is dismissed for want of prosecution and for Magana’s failure to comply with a notice from the clerk requiring a response within a specified time. See Tex. R. App. P. 42.3(b), (c).

G. Alan Waldrop, Justice Before Justices Patterson, Pemberton and Waldrop Dismissed for Want of Prosecution Filed: June 25, 2009