Opinion issued October21, 2004

In The

Court of Appeals

For The

First District of Texas

NO. 01–04–00215–CV

SAIED KHOBAISY, Appellant

V.

BARRIE JACKSON, MRS. BARRIE JACKSON, BRAD SCARBOROUGH, JADALA DOMICIO HAMAD, Appellees

On Appeal from the 55th District Court

Harris County, Texas

Trial Court Cause No. 0316697

MEMORANDUM OPINIONAppellant Saied Khobaisy has failed to timely file a brief. See Tex. R. App. P. 38.8(a) (failure of appellant to file brief). After being notified that this appeal was subject to dismissal, appellant Saied Khobaisy did not adequately respond. See Tex. R. App. P. 42.3(b) (allowing involuntary dismissal of case).

          The appeal is dismissed for want of prosecution for failure to timely file a brief. All pending motions are denied.

PER CURIAM

Panel consists of Justices Nuchia, Hanks, and Higley.