Larry J. Mitchell v. Josheka Banks--Appeal from County Court at Law No 1 of Jefferson County

In The
Court of Appeals
Ninth District of Texas at Beaumont
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NO. 09-03-256 CV
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LARRY J. MITCHELL, Appellant
V.
JOSHEKA BANKS, Appellee
On Appeal from the County Court at Law No. 1
Jefferson County, Texas
Trial Cause No. 95,401
MEMORANDUM OPINION (1)

Larry Mitchell, while incarcerated in the Texas Department of Criminal Justice, Institutional Division, sought to intervene in a suit filed by the Texas Department of Protective and Regulatory Services in its capacity as the managing conservator of Mitchell's son, J.M., a minor, for injuries sustained in an automobile accident. The trial court struck the petition in intervention and entered judgment pursuant to a settlement agreement between the Department and the defendant, Josheka Banks. Mitchell appealed.

The appeal was submitted on the clerk's record alone because the appellant was not entitled to a free reporter's record and failed to make payment arrangements for the reporter's record. See Tex. R. App. P. 20.1(a)(1); 37.3(a)(1),(c). The appeal was submitted without briefs because the appellant failed to file his brief by the December 1, 2003 due date. See Tex. R. App. P. 38.8(a)(2). The appellant did not request an extension of time to file the brief. See Tex. R. App. P. 38.6(d). On February 24, 2004, we notified the parties that the appeal would be advanced without oral argument. See Tex. R. App. P. 39.9.

We have reviewed the record for fundamental error, and find none. The judgment of the trial court is affirmed.

AFFIRMED.

PER CURIAM

 

Submitted on March 16, 2004

Opinion Delivered March 25, 2004

Do Not Publish

 

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

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