COURT OF APPEALS

                                       SECOND DISTRICT OF TEXAS

                                                   FORT WORTH

                                        NO. 2-09-398-CV

ELIZABETH DAVILA PAYNE                                                   APPELLANT

                                                   V.

PATRICK D. WEST                                                                 APPELLEE

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           FROM THE 325TH DISTRICT COURT OF TARRANT COUNTY

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                  MEMORANDUM OPINION^[1] AND JUDGMENT

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On February 10, 2010, we notified appellant that her brief had not been filed as required by Texas Rule of Appellate Procedure 38.6(a).  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 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=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 shall pay all costs of this appeal, for which let execution issue.

PER CURIAM

PANEL:  MCCOY, LIVINGSTON, and MEIER, JJ.

DELIVERED:  March 18, 2010