Thomas C. Boruch filed notice of appeal but failed to file a brief. On August 3, 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. Boruch did not request additional time and failed to file a brief. On September 24, 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), 42.3(b).

APPEAL DISMISSED.

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CHARLES KREGER

Justice

Opinion Delivered October 1, 2009

Before Gaultney, Kreger, and Horton, JJ.