Emily Funes v. Antonio Diaz and Ameritex MacHine and Fab, LLC

• Court: Texas Supreme Court
• Decided: February 16, 2017
• Docket: 09-16-00267-CV
• Status: Published

Opinion

In The

Court of Appeals Ninth District of Texas at Beaumont ____________________ NO. 09-16-00267-CV ____________________

EMILY FUNES, Appellant

V.

ANTONIO DIAZ AND AMERITEX MACHINE AND FAB, LLC, Appellee ________________________________________________________________________

On Appeal from the 284th District Court Montgomery County, Texas Trial Cause No. 14-08-09417-CV ________________________________________________________________________

MEMORANDUM OPINION

The trial court signed a final judgment on May 10, 2016. Emily Funes filed a

notice of appeal but failed to file a brief. On January 6, 2017, we notified the parties

that the brief had not been filed and warned the appellant that her failure to file a

brief could result in a dismissal of the appeal for want of prosecution. On January

23, 2017, we notified the parties that the appeal would be submitted to the Court on

February 13, 2017, without briefs and without oral argument. See Tex. R. App. P.

39.8.

In the absence of a brief assigning error for appellate review, we dismiss the

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

42.3(b).

APPEAL DISMISSED.

________________________________ CHARLES KREGER Justice

Submitted on February 13, 2017 Opinion Delivered February 16, 2017

Before Kreger, Horton, and Johnson, JJ.