Opinion issued March 18, 2010

In The

Court of Appeals

For The

First District of Texas

NO. 01-09-00513-CV

PHILIP JOSEPH VRAZEL, Appellant

V.

MARY ANN SMITH, Appellee

On Appeal from the 239th District Court

Brazoria County, Texas

Trial Court Cause No. 40418

MEMORANDUM OPINION

           Appellant Phillip Joseph Vrazel 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 as moot.

PER CURIAM

Panel consists of Justices Keyes, Sharp, and Massengale.