Opinion issued April 6, 2006

In The

Court of Appeals

For The

First District of Texas

NO. 01–06–00047–CV

CLYDE DOWNS, Appellant

V.

GARNER ENVIRONMENTAL SERVICES, INC., Appellee

On Appeal from the County Civil Court at Law No. 4

Harris County, Texas

Trial Court Cause No. 835,769

MEMORANDUM OPINIONAppellant Clyde Downs 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 Clyde Downs 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 Chief Justice Radack and Justices Jennings and Alcala.