Opinion issued January 29, 2009

In The

Court of Appeals

For The

First District of Texas

NO. 01-07-00902-CV

SCOTT NJAA AND WANDA NJAA, Appellants

V.

STEPHEN JOHNSON, DONALD E. JOHNSON, AMY JOHNSON AND C/B/A JAS CONSTRUCTION ROOFING SUPPLY, INC.-CLEAR LAKE, TAMKO ROOFING PRODUCTS, INC. AND DAVID WALDROP, Appellees

On Appeal from the 133rd District Court

Harris County, Texas

Trial Court Cause No. 2005-58841

MEMORANDUM OPINION Appellants, Scott Njaa and Wanda Njaa, have 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, appellants 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 Jennings, Keyes, and Higley.