Opinion issued February 26, 2013

In The Court of Appeals For The First District of Texas NO. 01-11-01029-CV

PLASTICWARE, LLC, Appellant V. CONOCOPHILLIPS COMPANY, Appellee

On Appeal from the 189th District Court Harris County, Texas Trial Court Cause No. 1114971

MEMORANDUM OPINION Appellant Plasticware, LLC, 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).

Appellant’s brief was first due on January 23, 2012. After being notified that this appeal was subject to dismissal, appellant did not respond. See TEX. R. APP. P. 38.8(a)(1) (authorizing dismissal for failure to file brief); 42.3(b) (allowing involuntary dismissal of case).

Accordingly, we dismiss the appeal for want of prosecution. We dismiss any pending motions as moot.

PER CURIAM Panel consists of Justices Chief Justice Radack and Justices Higley and Brown.