COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH NO. 02-12-00467-CV

HARRY WILFONG APPELLANT V. LEGEND BANK, N.A. APPELLEE

------------ FROM THE 97TH DISTRICT COURTOF MONTAGUE COUNTY ------------ MEMORANDUM OPINION1 AND JUDGMENT ------------ On April 22, 2013, 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 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.

See Tex. R. App. P. 47.4.

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: GABRIEL, J.; LIVINGSTON, C.J.; and DAUPHINOT, J.

DELIVERED: May 16, 2013