Opinion issued December 17, 2009
In The
Court of Appeals
For The
First District of Texas
NO. 01-09-00538-CV
DOC'S DELIGHT, L.L.C. D/B/A ZIGGY'S HEALTHY GRILL, Appellant
V.
2200 WEST ALABAMA, INC., Appellee
On Appeal from the County Civil Court at Law No. 3
Harris County, Texas
Trial Court Cause No. 902968
MEMORANDUM OPINION Appellant, DOC'S DELIGHT, L.L.C. D/B/A ZIGGY'S HEALTHY GRILL, has failed to timely file a docketing statement or a brief in this appeal.
After being notified that this appeal was subject to dismissal for failure to file a docketing statement or a brief, appellant did not adequately respond. See Tex. R. App. P. 42.3(b), (c) (allowing involuntary dismissal of case). Further, appellee has filed a motion to dismiss this appeal based upon appellant's failure to prosecute this appeal.
We GRANT appellee's motion to dismiss and dismiss this cause for want of prosecution.
PER CURIAM
Panel consists of Justices Keyes, Alcala, and Hanks.