Ella Marie Mason filed notice of appeal but failed to file a brief. On September 24, 2009, we notified the parties that the brief had not been filed and warned that failure to file a brief could result in a dismissal of the appeal for want of prosecution. Mason did not request additional time and did not explain the failure. On November 3, 2009, we notified the parties that the appeal would be submitted to the Court without oral argument. See Tex. R. App. P. 39.8. In the absence of a brief assigning error for appellate review, we dismiss the appeal for want of prosecution. Tex. R. App. P. 38.8(a)(1); Tex. R. App. P. 42.3(b).

APPEAL DISMISSED.

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DAVID GAULTNEY Justice

Submitted November 24, 2009

Opinion Delivered December 10, 2009

Before Gaultney, Kreger, and Horton, JJ.