Cynthia Ileen Wood, individually and a/n/f Devin Wood v. Benjamin G. Morrison--Appeal from 258th District Court of San Jacinto County

In The
Court of Appeals
Ninth District of Texas at Beaumont
____________________
NO. 09-04-247 CV
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CYNTHIA ILEEN WOOD, INDIVIDUALLY AND
AS NEXT FRIEND OF DEVIN WOOD, Appellant
V.
BENJAMIN G. MORRISON, Appellee
On Appeal from the 258th District Court
San Jacinto County, Texas
Trial Cause No. 10663
MEMORANDUM OPINION (1)

Cynthia Ileen Wood, acting individually and as next friend of Devin Wood, sued Benjamin G. Morrison for personal injuries sustained in an automobile accident. The trial court's judgment, entered in accordance with the jury verdict, awarded Wood $4,506.78 individually and awarded Wood nothing in her capacity as next friend of Devin Wood. Wood's 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 her brief by the November 10, 2004, due date. See Tex. R. App. P. 38.8(a)(2). The appellant did not request additional time to file the brief. See Tex. R. App. P. 38.6(d). On January 21, 2005, we notified the parties that the appeal would be advanced without oral argument. See Tex. R. App. P. 39.9. The appellee then filed a brief. We regard that brief as correctly presenting the case. See Tex. R. App. P. 38.8(a)(3). The judgment of the trial court is affirmed.

AFFIRMED.

PER CURIAM

 

Submitted on February 11, 2005

Opinion Delivered February 17, 2005

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

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