Opinion issued August 26, 2008

In The

Court of Appeals

For The

First District of Texas

NO. 01-06-00099-CV

DOMINIC MENDOZA D/B/A ACROPOLIS CONSTRUCTION COMPANY, Appellant

V.

ELECTA CAROL TAYLOR, Appellee

On Appeal from the 190th District Court

Harris County, Texas

Trial Court Cause No. 2004-12591

MEMORANDUM OPINION Appellant Dominic Mendoza d/b/a Acropolis Construction Company 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).

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 Taft and Keyes.