Opinion issued July 26, 2012

In The Court of Appeals For The First District of Texas

NO. 01-12-00068-CV

OPTIMARKET, INC., D/B/A ONE IRVING PLAZA AND D/B/A OPTIMARKET, Appellant V. CHAMPION ENERGY SERVICES, LLC, Appellee

On Appeal from the County Civil Court at Law No. 3 Harris County, Texas Trial Court Cause No. 989393

MEMORANDUM OPINION Appellant, Optimarket, Inc., d/b/a One Irving Plaza and d/b/a Optimarket, has 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, 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 Higley, Sharp, and Huddle.