Opinion issued August 5, 2004

In The

Court of Appeals

For The

First District of Texas

NO. 01–03–00659–CV

ERICH W. NORRIS, Appellant

V.

GARY FRUGE FOREIGN, INC., Appellee

On Appeal from the 189th District Court

Harris County, Texas

Trial Court Cause No. 2002-03986

MEMORANDUM OPINIONAppellant Erich W. Norris 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 Erich W. Norris 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 Taft, Jennings, and Keyes.