Opinion issued January 31, 2013

In The Court of Appeals For The First District of Texas

NO. 01-11-01122-CV

LAUREL BAY, LTD., Appellant V. SIMBAKI, LTD., d/b/a BERRYHILL BAJA GRILL & CANTINA, Appellee

On Appeal from the County Court at Law No. 1 Galveston County, Texas Trial Court Cause No. CV0064445

MEMORANDUM OPINION Appellant, Laurel Bay, Ltd., 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 Chief Justice Radack and Justices Higley and Brown.