Doyle Martinez v. Lyn N. Hawthorne D/B/A Classic Consignment and Southern Insurance Company

• Court: Court of Appeals of Texas
• Decided: September 4, 2014
• Docket: 09-13-00495-CV
• Status: Published

Opinion

In The

Court of Appeals Ninth District of Texas at Beaumont ____________________ NO. 09-13-00495-CV ____________________

DOYLE MARTINEZ, Appellant

V.

LYN N. HAWTHORNE D/B/A CLASSIC CONSIGNMENT AND SOUTHERN INSURANCE COMPANY, Appellees _______________________________________________________ ______________

On Appeal from the 359th District Court Montgomery County, Texas Trial Cause No. 12-03-02745 CV ________________________________________________________ _____________

MEMORANDUM OPINION

Doyle Martinez filed a notice of appeal but failed to file a brief. On July 1,

2014, we notified the parties that the brief had not been filed and warned the

appellant that his failure to file a brief could result in a dismissal of the appeal for

want of prosecution. On July 21, 2014, we notified the parties that the appeal

would be submitted to the Court without oral argument. See Tex. R. App. P. 39.8.

“A court of appeals may not reverse a trial court’s judgment in the absence of

1 properly assigned error.” San Jacinto River Auth. v. Duke, 783 S.W.2d 209, 209-10

(Tex. 1990). In the absence of a brief assigning error for appellate review, we

dismiss the appeal for want of prosecution. Tex. R. App. P. 38.8(a)(1); Tex. R.

App. P. 42.3(b).

APPEAL DISMISSED.

________________________________ LEANNE JOHNSON Justice

Submitted on August 11, 2014 Opinion Delivered September 4, 2014

Before Kreger, Horton, and Johnson, JJ.