Opinion issued October 11, 2012

In The Court of Appeals For The First District of Texas

NO. 01-12-00273-CV

MARY LOUISE BROWN AND WALTER M. BROWN, Appellants V. THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATE-HOLDERS OF CWABS, INC., ASSET-BACKED NOTES, SERIES 2004-SD4, Appellee

On Appeal from the County Civil Court at Law No. 2 Harris County, Texas Trial Court Cause No. 1007021

MEMORANDUM OPINION Appellants, Mary Louise Brown and Walter M. Brown, have failed to timely file a brief. See TEX. R. APP. P. 38.6(a) (governing time to file brief), 38.8(a) (governing failure of appellant to file brief). After being notified that this appeal was subject to dismissal, appellants did not 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 Jennings, Higley, and Sharp.