S.T. Properties, L.L.C. v. Edward Christie ( 2003 )

In The

Court of Appeals

Ninth District of Texas at Beaumont

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NO. 09-02-376 CV ____________________

S.T. PROPERTIES, L.L.C., Appellant

V.

EDWARD CHRISTIE, Appellee

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On Appeal from the 221st District Court Montgomery County, Texas Trial Cause No. 00-08-05008 CV

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MEMORANDUM OPINION ⁽¹⁾  

S.T. Properties, L.L.C., appeals a judgment for breach of contract damages and attorney's fees to the plaintiff, Edward Christie. On January 16, 2003, we ordered that the appeal be submitted to the Court on the clerk's record alone because the appellant is not entitled to a free record and failed to make payment arrangements for the preparation of a reporter's record of the jury trial. See Tex. R. App. P. 37.3(c). The appellant neither filed its brief by the February 18, 2002, due date, nor filed a motion for extension of time to file the brief. After notice to the parties, we submitted the appeal without briefs. See Tex. R. App. P. 38.8 (a). Our review of the appellate record revealed no fundamental error that would warrant reversal without assignment of error. The judgment of the trial court is affirmed.

AFFIRMED.

PER CURIAM

Submitted on April 10, 2003

Opinion Delivered April 17, 2003

Before McKeithen, C.J., Burgess and Gaultney, JJ.

1. Tex. R. App. P. 47.4.