Opinion issued February 10, 2005

In The

Court of Appeals

For The

First District of Texas

NO. 01–04–00696–CV

DAVID AGUERO, Appellant

V.

JOHN F. CALDWELL, Appellee

On Appeal from the 113th District Court

Harris County, Texas

Trial Court Cause No. 2003-01264

MEMORANDUM OPINIONAppellant David Aguero 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 David Aguero 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, Jennings, and Alcala.