TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-10-00748-CV

Nicholas Xenos, Appellant v. Mursch Partners, L.P., Appellee

FROM COUNTY COURT AT LAW NO. 1 OF TRAVIS COUNTY NO. C-1-CV-09-002816, HONORABLE CHUCK MILLER, JUDGE PRESIDING

MEMORANDUM OPINION

Appellant Nicholas Xenos has failed to file a brief. His brief was due May 18, 2011.

By letter dated May 26, 2011, this Court’s clerk sent notice to Xenos’s counsel and to Xenos’s last known address informing him that his brief was overdue. The notice cautioned that, unless Xenos filed his brief or reasonably explained the failure to file, this Court could dismiss for want of prosecution. No brief or explanation has been filed. We dismiss this appeal for want of prosecution.

See Tex. R. App. P. 42.3(b).

Jeff Rose, Justice Before Justices Puryear, Rose and Goodwin Dismissed for Want of Prosecution Filed: July 29, 2011