Opinion issued May 30, 2012.

In The

Court of Appeals

For The

First District of Texas

NO. 01B10B00407BCV

ROY ALLEN MILLER., Appellant

V.

BRANTLEY TRUCKING, Appellee

On Appeal from the 334th District Court

Harris County, Texas

Trial Court Cause No. 2009-59282

MEMORANDUM OPINION

Appellant, Roy Allen Miller, 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 Higley, Sharp, and Huddle.