Robert Caldwell v. Texas Department of Criminal Justice Institutional Division

• Court: Court of Appeals of Texas
• Decided: March 29, 2018
• Docket: 09-17-00458-CV
• Status: Published

Opinion

In The

Court of Appeals Ninth District of Texas at Beaumont ____________________ NO. 09-17-00458-CV ____________________

ROBERT CALDWELL, Appellant

V.

TEXAS DEPARTMENT OF CRIMINAL JUSTICE INSTITUTIONAL DIVISION, Appellee _______________________________________________________ ______________

On Appeal from the County Court at Law Polk County, Texas Trial Cause No. CV03461 ________________________________________________________ _____________

MEMORANDUM OPINION

The trial court signed a final judgment on November 9, 2017. Robert Caldwell

filed a notice of appeal but failed to file a brief. On February 9, 2018, we notified

the parties that appellant’s brief had not been filed, and we warned the appellant that

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

prosecution. On February 27, 2018, we notified the parties that the appeal would be

1 submitted to the Court on March 20, 2018, 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.

________________________________ LEANNE JOHNSON Justice

Submitted on March 20, 2018 Opinion Delivered March 29, 2018

Before Kreger, Horton, and Johnson, JJ.