Ivory Joe Larkin v. Jonathan Thornberry and Charles Hairgrove

• Court: Court of Appeals of Texas
• Decided: November 5, 2015
• Docket: 09-15-00180-CV
• Status: Published

Opinion

In The

Court of Appeals Ninth District of Texas at Beaumont ____________________ NO. 09-15-00180-CV ____________________

IVORY JOE LARKIN, Appellant

V.

JONATHAN THORNBERRY AND CHARLES HAIRGROVE, Appellees ________________________________________________________________________

On Appeal from the 284th District Court Montgomery County, Texas Trial Cause No. 14-07-08146 CV ________________________________________________________________________

MEMORANDUM OPINION

Ivory Joe Larkin filed a trespass to try title suit against Jonathan Thornberry

and Charles Hairgrove. Thornberry and Hairgrove answered the suit and made a

demand for abstract of title and Hairgrove asserted a counterclaim for adverse

possession. Larkin failed to appear for trial and the trial court signed a default

judgment that Larkin take nothing and that Hairgrove recover the real property at

issue. Larkin filed a notice of appeal. The brief of the appellant was due to be filed

on or before August 27, 2015, but Larkin did not file a brief. On September 23,

1 2015, 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 October 8, 2015, we notified the parties that the appeal

would be submitted to the Court 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. Tex. R. App. P. 38.8(a)(1); Tex. R. App. P.

42.3(b).

APPEAL DISMISSED.

________________________________ STEVE McKEITHEN Chief Justice

Submitted on October 29, 2015 Opinion Delivered November 5, 2015

Before McKeithen, C.J., Kreger and Horton, JJ.