In The Court of Appeals Ninth District of Texas at Beaumont __________________ NO. 09-20-00288-CV __________________ WINSTON CHARLES HERON, Appellant V. MICHAEL KEMP ADUDDELL, Appellee __________________________________________________________________ On Appeal from the 284th District Court Montgomery County, Texas Trial Cause No. 20-08-10306-CV __________________________________________________________________ MEMORANDUM OPINION Appellant Winston Charles Heron filed a letter, which he designated as his brief, but failed to provide a copy of the brief to lead counsel for appellee. On February 12, 2021, we directed Heron to provide a copy of the brief to lead counsel for appellee, certify the fact of service in the form provided by Rule 9.5(e) of the Texas Rules of Appellate Procedure, and file the certificate of service with the Court of Appeals no later than February 22, 2021. See Tex. R. App. P. 9.5(e). On March 2, 2021, we notified the parties that the Court had not received a response from

Heron and warned that if Heron failed to comply, the appeal would be submitted on the record alone on March 12, 2021, which could result in dismissal for want of prosecution. Heron has not filed the certificate or otherwise indicated that he served a copy of the brief on appellee’s counsel.

Heron failed to comply with a notice requiring a response within a specified time and failed to prosecute his appeal by filing a brief that complies with the rules regarding service on an opposing party. See Tex. R. App. P. 6.3(a), 9.5, 42.3. The appeal is dismissed for want of prosecution.

APPEAL DISMISSED.

PER CURIAM Submitted on March 24, 2021 Opinion Delivered March 25, 2021 Before Golemon, C.J., Kreger and Johnson, JJ.