COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH NO. 02-10-00412-CV

DWAYNE G. MODISETTE APPELLANT V. WELLS FARGO BANK, N.A., AS APPELLEES BENEFICIARY AND WELLS FARGO HOME MORTGAGE, AS SERVICER, ITS SUCCESSORS AND ASSIGNS

------------ FROM COUNTY COURT AT LAW NO. 1 OF TARRANT COUNTY ------------ MEMORANDUM OPINION1 AND JUDGMENT ------------ On May 2, 2011 and May 10, 2011, we notified appellant 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'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).

PER CURIAM PANEL: LIVINGSTON, C.J; DAUPHINOT and GARDNER, JJ.

DELIVERED: May 26, 2011