Opinion issued December 1, 2005

In The

Court of Appeals

For The

First District of Texas

NO. 01–05–00626–CV

THE HOUSTON OMNI USA CO., INC. AND GARY B. WADE, SR., Appellants

V.

SOUTH TRUST BANK CORPORATION NA WACHOVIA, Appellee

On Appeal from the 215th District Court

Harris County, Texas

Trial Court Cause No. 2005-37046

MEMORANDUM OPINIONAppellants The Houston Omni USA Co., Inc. and Gary B. Wade, Sr. have 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 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, Keyes, and Higley.