Rachel A. Jaco v. Billy E. Elsberry, Jr.--Appeal from 9th District Court of Montgomery County

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In The Court of Appeals Ninth District of Texas at Beaumont _________________ NO. 09-10-00027-CV _________________ RACHEL A. JACO, Appellant V. BILLY E. ELSBERRY, JR., Appellee _____________________________________________________________________ On Appeal from the 9th District Court Montgomery County, Texas Trial Cause No. 08-07-07220-CV _____________________________________________________________________ MEMORANDUM OPINION Rachel A. Jaco filed a notice of appeal but failed to file a brief. On March 17, 2010, we notified the parties that the brief had not been filed and warned the appellant that her failure to file a brief could result in a dismissal of the appeal for want of prosecution. On April 7, 2010, we notified the parties that the appeal would be submitted to the Court 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). 1 APPEAL DISMISSED. ________________________________ DAVID GAULTNEY Justice Submitted on April 28, 2010 Opinion Delivered May 6, 2010 Before Gaultney, Kreger, and Horton, JJ. 2

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