Opinion issued August 6, 2013

In The Court of Appeals For The First District of Texas

NO. 01B12B00187BCV

THOMAS DAVIS, Appellant V. DISCOUNT TIRE COMPANY OF TEXAS, INC., DILL AIR CONTROLS PRODUCTS, LLC, AND BRIDGESTONE AMERICAS TIRE OPERATION LLC, Appellees

On Appeal from the 80th District Court Harris County, Texas Trial Court Cause No. 2010-14448

MEMORANDUM OPINION Appellant Thomas Davis 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 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 Chief Justice Radack and Justices Sharp and Massengale.