Thurman W. Armon v. Sarah K. Armon--Appeal from 307th District Court of Gregg County
Annotate this CaseNO. 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)
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