Opinion issued September 3, 2004

In The

Court of Appeals

For The

First District of Texas

NO. 01–04–00286–CV

PERRY JOE MALOY, Appellant

V.

SHERRY LYNN MALOY, Appellee

On Appeal from the 309th District Court

Harris County, Texas

Trial Court Cause No. 2003-20482

MEMORANDUM OPINIONAppellant Perry Joe Maloy 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 Perry Joe Maloy 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.