In The

                                                Court of Appeals

                        Sixth Appellate District of Texas at Texarkana

                                                ______________________________

                                                             No. 06-10-00033-CV

                                                ______________________________

                                        CORDELL MOODY, Appellant

                                                                V.

                               JASON & IHOP #3232, ET AL., Appellees

                                        On Appeal from the 76th Judicial District Court

                                                              Titus County, Texas

                                                            Trial Court No. 34536

                                          Before Morriss, C.J., Carter and Moseley, JJ.

                                              Memorandum Opinion by Justice Carter

                                                     MEMORANDUM  OPINION

            Cordell Moody filed his notice of appeal pro se April 20, 2010.

            The clerk’s record was filed April 29, 2010, in this summary judgment case.  Therefore, the appellant’s brief was due June 1, 2010. 

            When neither a brief nor a motion to extend time for filing the same had been filed by June  23, 2010, we contacted appellant by letter and informed him that, if a brief had not been filed by July 8, 2010, the appeal would be subject to dismissal for want of prosecution.  See Tex. R. App. P. 42.3(b), (c).

            No brief has been filed.  Pursuant to Tex. R. App. P. 42.3(b), we dismiss this appeal for want of prosecution.

                                                                        Jack Carter

                                                                        Justice

Date Submitted:          July 27, 2010

Date Decided:             July 28, 2010