Mark Galbreath Avery v. Rosamond Davis--Appeal from 295th District Court of Harris County (per curiam)

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Opinion issued November 17, 2011. In The Court of Appeals For The First District of Texas NO. 01-10-01017-CV MARK GALBREATH AVERY, Appellant V. ROSAMOND DAVIS, Appellee On Appeal from the 295th District Court Harris County, Texas Trial Court Cause No. 2009-52480 MEMORANDUM OPINION Appellant, Mark Galbreath Avery, 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). 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, Higley, and Massengale. 2

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