Corrected opinion issued February 15, 2006

In The

Court of Appeals

For The

First District of Texas

NO. 01–05–00911–CV

WILLIAM C. MAXWELL, Appellant

V.

BANK OF AMERICA, N.A. (USA), Appellee

On Appeal from the County Civil Court at Law No. 2

Fort Bend County, Texas

Trial Court Cause No. 25490

CORRECTED MEMORANDUM OPINIONAppellant William C. Maxwell 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 William C. Maxwell 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, Keyes, and Hanks.