Opinion issued February 17, 2011

In The

Court of Appeals

For The

First District of Texas

NO. 01B09B00651BCV

JAMES BURNHAM, D.D.S., Appellant

V.

FIRST PACIFIC CORPORATION, INC. D/B/A FIRST PACIFIC, INC., AND FPC AND I.C. SYSTEMS, INC., Appellees

On Appeal from the 151st District Court

Harris County, Texas

Trial Court Cause No. 2004-31481

MEMORANDUM OPINION

Appellant, James Burnham, D.D.S., 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. 

We dismiss any pending motions as moot.

PER CURIAM

Panel consists of Justices Jennings, Alcala, and Sharp.