Opinion issued November 10, 2015

In The Court of Appeals For The First District of Texas ———————————— NO. 01-15-00405-CV ——————————— FRANK MILLER, Appellant V. ASCENTIUM CAPITAL LLC, Appellee

On Appeal from the 270th District Court Harris County, Texas Trial Court Case No. 2012-75468

MEMORANDUM OPINION Appellant, Frank Miller, 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 Justices Keyes, Massengale, and Lloyd.