COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH NO. 02-09-00386-CV

AMJAD MALIK APPELLANT V. DANIEL LEAL D/B/A LEAL APPELLEE CONSTRUCTION

------------ FROM THE 48TH DISTRICT COURT OF TARRANT COUNTY ------------ MEMORANDUM OPINION1 AND JUDGMENT ------------ On November 19, 2010, we notified appellant Amjad Malik that his brief had not been filed as required by Texas Rule of Appellate Procedure 38.6(a).

See Tex. R. App. P. 38.6(a). We stated we could dismiss the appeal for want of prosecution unless appellant or any party desiring to continue this appeal filed

See Tex. R. App. P. 47.4. with the court within ten days a response showing grounds for continuing the appeal. See Tex. R. App. P. 42.3. We have not received any response.

Because appellant Amjad Malik’s brief has not been filed, we dismiss the appeal for want of prosecution. See Tex. R. App. P. 38.8(a), 42.3(b), 43.2(f).

Appellant Amjad Malik shall pay all costs of this appeal, for which let execution issue.

PER CURIAM PANEL: MEIER, J.; LIVINGSTON, C.J.; and GABRIEL, J.

DELIVERED: December 23, 2010