Dismissed and Memorandum Opinion filed May 28, 2009.

In The

Fourteenth Court of Appeals

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NO. 14-08-00894-CV

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TRAVIS OTTO D/B/A TRAVIS ENTERPRISES/TERAC CO., Appellant

V.

DAVID CARP/HERZOG, CARP, & MCMANUS, P.C., Appellee

On Appeal from the 334th District Court

Harris County, Texas

Trial Court Cause No. 2007-42349

M E M O R A N D U M   O P I N I O N

This is an appeal from a judgment signed October 1, 2008.  The clerk=s record was filed on January 5, 2009.  No reporter=s record was taken.  No brief was filed.

On April 2, 2009, this Court issued an order stating that unless appellant submitted his brief, together with a motion reasonably explaining why the brief was late, on or before May 4, 2009, the Court would dismiss the appeal for want of prosecution.  See Tex. R. App. P. 42.3(b).

Appellant filed no response.  Accordingly, the appeal is ordered dismissed.

PER CURIAM

Panel consists of Justices Seymore, Brown, and Sullivan.