Opinion issued October 25, 2007

In The

Court of Appeals

For The

First District of Texas

NO. 01–07–00007–CV

LINDA POLK, Appellant

V.

THE KROGER COMPANY, Appellee

On Appeal from the 165th District Court

Harris County, Texas

Trial Court Cause No. 2005-43754

MEMORANDUM OPINIONAppellant, Linda Polk, 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 did not adequately respond. See Tex. R. App. P. 42.3(b) (allowing involuntary dismissal of case).

          We dismiss the appeal for want of prosecution for failure to timely file a brief. We deny all pending motions.

PER CURIAM

Panel consists of Justices Nuchia, Jennings, and Keyes.