Motion Denied as Moot; Appeal Dismissed and Memorandum Opinion filed May 9, 2013.

In The Fourteenth Court of Appeals NO. 14-12-01122-CV BEN CAVIL, Appellant V. FV-1 TRUST FOR STANLEY MORTGAGE CAPITAL HOLDINGS, LLC, Appellee On Appeal from County Court No. 3 Galveston County, Texas Trial Court Cause No. CV-0068250 MEMORANDUM OPINION

This is an appeal from a judgment signed September 25, 2012. The clerk’s record was filed January 2, 2013. No reporter’s record was taken. No brief was filed. On February 13, 2013, appellee filed a motion to dismiss the appeal as moot because appellant was no longer in possession of the property.

On March 21, 2013, this court issued an order stating that unless appellant submitted a brief, together with a motion reasonably explaining why the brief was late, on or before April 22, 2013, the court would dismiss the appeal for want of prosecution. See Tex. R. App. P. 42.3(b).

Appellant filed no response. Accordingly, the appeal is ordered dismissed.

Appellee’s motion to dismiss the appeal is denied as moot.

PER CURIAM

Panel consists of Justices Brown, Christopher, and McCally.