Opinion issued November 17, 2011.

In The

Court of Appeals

For The

First District of Texas

NO. 01-10-01017-CV

MARK GALBREATH AVERY, Appellant

V.

ROSAMOND DAVIS, Appellee

On Appeal from the 295th District Court

Harris County, Texas

Trial Court Cause No. 2009-52480

MEMORANDUM OPINION

Appellant, Mark Galbreath Avery, 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 dismiss any pending motions as moot.

PER CURIAM

Panel consists of Justices Keyes, Higley, and Massengale.