David Joyner v. Cary Hart

Opinion issued January 15, 2009









In The

Court of Appeals

For The

First District of Texas





NO. 01–07–00228–CV





DAVID JOYNER, Appellant


V.


CARY HART, Appellee





On Appeal from the 295th District Court

Harris County, Texas

Trial Court Cause No. 2006-677277





MEMORANDUM OPINIONAppellant David Joyner has failed to timely file a brief. See Tex. R. App. P. 38.8(a) (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).

          The appeal is dismissed for want of prosecution for failure to timely file a brief. All pending motions are denied.

PER CURIAM

Panel consists of Justices Taft, Bland, and Sharp.