John D. Fails Jr. v. Texas Mutual Insurance Company and Wendy M. Merkson

• Court: Court of Appeals of Texas
• Decided: December 11, 2014
• Docket: 09-14-00229-CV
• Status: Published

Opinion

In The

Court of Appeals Ninth District of Texas at Beaumont ____________________ NO. 09-14-00229-CV ____________________

JOHN D. FAILS JR., Appellant

V.

TEXAS MUTUAL INSURANCE COMPANY AND WENDY M. MERKSON, Appellees _______________________________________________________ ______________

On Appeal from the 284th District Court Montgomery County, Texas Trial Cause No. 13-02-01322 CV ________________________________________________________ _____________

MEMORANDUM OPINION

John D. Fails Jr. filed a notice of appeal after the trial court dismissed his

case for lack of jurisdiction. The brief of the appellant was due to be filed on or

before August 18, 2014, but Fails did not file a brief. On October 24, 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 November 10, 2014, 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), 42.3(b).

APPEAL DISMISSED.

________________________________ CHARLES KREGER Justice

Submitted on December 1, 2014 Opinion Delivered December 11, 2014

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