Dismissed and Memorandum Opinion filed November 3, 2011.

In The Fourteenth Court of Appeals ____________ NO. 14-11-00478-CV ____________ KIRK FORD, Appellant V. EG SYSTEMS, INC. d/b/a SCOTTS LAWN SERVICE, Appellee

On Appeal from the 270th District Court Harris County, Texas Trial Court Cause No. 2009-41307

MEMORANDUM OPINION This is an appeal from an order granting defendant’s motion for summary judgment signed March 2, 2011. The clerk’s record was filed August 8, 2011. Appellant’s brief was due September 7, 2011. Appellant did not file a brief or a motion for an extension of time to file his brief.

On September 29, 2011, this court issued an order stating that unless appellant filed a brief, and a motion reasonably explaining why the brief was late, on or before October 24, 2011, the court would dismiss the appeal for want of prosecution. See Tex. R. App. P. 42.3(b). Appellant did not file a brief or any response to our order.

Accordingly, the appeal is ordered dismissed.

PER CURIAM

Panel consists of Justices Brown, Boyce, and McCally.