Thurman W. Armon v. Sarah K. Armon

• Court: Court of Appeals of Texas
• Decided: March 22, 2006
• Docket: 12-05-00369-CV
• Status: Published

Opinion

MARY'S OPINION HEADING

                NO. 12-05-00369-CV

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

THURMAN W. ARMON,    §          APPEAL FROM THE 307TH

APPELLANT

V.        §          JUDICIAL DISTRICT COURT OF

SARAH K. ARMON,

APPELLEE  §          GREGG COUNTY, TEXAS

MEMORANDUM OPINION

PER CURIAM

            Appellant filed a pro se notice of appeal on November 14, 2005.  Thereafter, the reporter’s record was filed on December 7, 2005.  After extensions of time, Appellant’s brief was due on or before March 8, 2006.  However, Appellant did not file a brief on March 8.

            On March 15, 2006, Appellant filed a motion informing this Court that, due to his health, he will be unable to file a brief in this appeal.  Consequently, he requested that this Court either review the record de novo and decide his appeal or, if necessary, dismiss the appeal.  Where an appellant fails to submit a brief, we have no authority to decide the appeal by conducting a de novo review of the record.  Therefore, we construe Appellant’s motion as a motion to dismiss.

            Appellant’s motion to dismiss is granted, and the appeal is dismissed.  See Tex. R. App. P. 42.1(a)(1).

Opinion delivered March 22, 2006.

Panel consisted of Worthen, C.J., Griffith, J., and DeVasto, J.

(PUBLISH)