William Ernest Enderle filed notice of appeal but failed to file a brief. He is represented by counsel. See Tex. R. App. P. 6. On May 11, 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. Enderle requested and was granted a final extension but failed to file a brief. On July 28, 2009, we notified the parties that the appeal would be submitted to the Court without oral argument on August 18, 2009. See Tex. R. App. P. 6, 39.8. On August 6, 2009, we again notified the parties that appellant's counsel had not filed a brief and that "the appeal is subject to dismissal for want of prosecution on or after August 18, 2009."

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.

____________________________

DAVID GAULTNEY

Justice

Submitted on August 18, 2009

Opinion Delivered August 27, 2009

Before Gaultney, Kreger, and Horton, JJ.