Opinion issued September 23, 2004

In The

Court of Appeals

For The

First District of Texas

NO. 01–04–00436–CV

MARILU ELLIS F/K/A MARILU ZIEBEN, Appellant

V.

HERBERT J. ZIEBEN, Appellee

On Appeal from the 309th District Court

Harris County, Texas

Trial Court Cause No. 2003-13857

MEMORANDUM OPINIONAppellant Marilu Ellis f/k/a Marilu Zieben 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 Marilu Ellis f/k/a Marilu Zieben 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.