Doyle Martinez v. Lyn N. Hawthorne D/B/A Classic Consignment and Southern Insurance Company ( 2014 )

In The
Court of Appeals
Ninth District of Texas at Beaumont
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NO. 09-13-00495-CV
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DOYLE MARTINEZ, Appellant
V.
LYN N. HAWTHORNE D/B/A CLASSIC CONSIGNMENT AND
SOUTHERN INSURANCE COMPANY, Appellees
_______________________________________________________ ______________
On Appeal from the 359th District Court
Montgomery County, Texas
Trial Cause No. 12-03-02745 CV
________________________________________________________ _____________
MEMORANDUM OPINION
Doyle Martinez filed a notice of appeal but failed to file a brief. On July 1,
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 July 21, 2014, we notified the parties that the appeal
would be submitted to the Court without oral argument. See Tex. R. App. P. 39.8.
“A court of appeals may not reverse a trial court’s judgment in the absence of
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properly assigned error.” San Jacinto River Auth. v. Duke, 783 S.W.2d 209, 209-10
(Tex. 1990). 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.
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LEANNE JOHNSON
Justice
Submitted on August 11, 2014
Opinion Delivered September 4, 2014
Before Kreger, Horton, and Johnson, JJ.
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