Opinion issued January 28, 2010

In The

Court of Appeals

For The

First District of Texas

NO. 01–09–00358–CV

JOY C. NWOKE, INDIVIDUALLY AND JOY C. NWOKE, AS REPRESENTATIVE OF PASSION CENTRAL HOME HEALTH SERVICES, INC., Appellant

V.

SCHOLAR OBASI, Appellee

On Appeal from the 149th District Court

Brazoria County, Texas

Trial Court Cause No. 46162

MEMORANDUM OPINIONAppellant Joy C. Nwoke, individually and Joy C. Nwoke, as Representative of Passion Central Home Health Services, Inc. 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 Justices Keyes, Sharp, and Massengale.