Opinion issued August 6, 2013

In The Court of Appeals For The First District of Texas ———————————— NO. 01-13-00044-CV ——————————— HITECH PRODUCTS, INC. AND DAVID E. DODD, BOTH D/B/A FANTASTIC FOUNTAINS, Appellants V. SIGMA MARBLE & GRANITE – HOUSTON, INC., Appellee

On Appeal from the 80th District Court Harris County, Texas Trial Court Case No. 2012-30253

MEMORANDUM OPINION Appellants, HiTech Products, Inc. and David E. Dodd, 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). Appellee, Sigma Marble & Granite – Houston, Inc., has filed a motion, based on appellants’ failure to timely file a brief, requesting that we affirm the trial court’s judgment or, alternatively, dismiss this appeal. After being notified that this appeal was subject to dismissal, appellants did not respond to either the notice or appellee’s motion. See TEX. R. APP. P. 42.3(b).

Accordingly, we grant appellee’s motion and dismiss the appeal for want of prosecution. We dismiss all other pending motions as moot.

PER CURIAM

Panel consists of Chief Justice Radack and Justices Sharp and Massengale.