Opinion
No. 09-09-00163-CV
Submitted on August 21, 2009.
Opinion Delivered October 1, 2009.
On Appeal from the 9th District Court, Montgomery County, Texas, Trial Cause No. 07-11-11167-CV.
Before GAULTNEY, KREGER, and HORTON, JJ.
MEMORANDUM OPINION
Thomas C. Boruch filed notice of appeal but failed to file a brief. On August 3, 2009, we notified the parties that the brief had not been filed and warned that failure to file a brief could result in a dismissal of the appeal for want of prosecution. Boruch did not request additional time and failed to file a brief. On September 24, 2009, we notified the parties that the appeal would be submitted to the court without oral argument. See Tex. R. App. P. 39.8. In the absence of a brief assigning error for appellate review, we dismiss the appeal for want of prosecution. Tex. R. App. P. 38.8(a)(1), 42.3(b).
APPEAL DISMISSED.