Michael Goodall filed notice of appeal but failed to file a brief. On December 4, 2008, 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. On January 8, 2009, we notified the parties that the appeal would be advanced without oral argument. See Tex. R. App. P. 39.8. In the absence of a brief assigning error, we dismiss the appeal for want of prosecution. See Tex. R. App. P. 38.8(a)(1); Tex. R. App. P. 42.3(b).

APPEAL DISMISSED.

__________________________________

CHARLES KREGER

Justice

Submitted on January 29, 2009

Opinion Delivered February 5, 2009

Before McKeithen, C.J., Kreger and Horton, JJ.