Dismissed and Memorandum Opinion filed January 8, 2009.

In The

Fourteenth Court of Appeals

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NO. 14-08-00486-CV

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MARK LOMAX, Appellant

V.

KELLY SHANTZ, WINSTON ROY JOHNSON, AMITAVA DASGUPTA,

and YOLANDA IBARRA, Appellees

On Appeal from the 129th District Court

Harris County, Texas

Trial Court Cause No. 2007-67295

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 February 12, 2008.  The clerk=s record was filed on August 15, 2008.  No reporter=s record was taken.  Appellant=s brief was originally due September 15, 2008.  No brief was filed.

In an order issued October 2, 2008, appellant was informed his brief was due November 3, 2008.  No brief was received.  No motion for extension of time was filed.  On December 5, 2008, appellees filed a motion to dismiss the appeal for want of prosecution.  See Tex. R. App. P. 38.8 (a)(1), and 42.3(b).  Appellant filed no response.

The motion is granted and the appeal is ordered dismissed.

PER CURIAM

Panel consists of Justices Frost, Brown, and Boyce.