Don Garner v. Phadhana Tosirisuk and Umporn Tosirisuk--Appeal from 172nd District Court of Jefferson County

In The
Court of Appeals
Ninth District of Texas at Beaumont
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NO. 09-05-507 CV
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DON GARNER, Appellant
V.
PHADHANA TOSIRISUK AND UMPORN TOSIRISUK, Appellees
On Appeal from the 172nd District Court
Jefferson County, Texas
Trial Cause No. E-166432
MEMORANDUM OPINION

Don Garner appealed a take-nothing judgment. The brief of appellant was due to be filed on April 27, 2006. On May 25, 2006, appellant was notified the case would be submitted without briefs unless a brief and a motion for extension of time were filed within ten days. The appeal was submitted without briefs because the appellant failed to file his brief. See Tex. R. App. P. 38.8. After we notified the parties of the submission date, the appellant requested additional time to file the brief. On July 18, 2006, we informed the appellant that the Court would not consider a motion for extension of time unless he submitted a brief with the motion. We have not received a brief from the appellant. In the absence of a brief assigning error, we dismiss the appeal for want of prosecution. See Tex. R. App. P. 38.8(a)(1).

APPEAL DISMISSED.

 

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DAVID GAULTNEY

Justice

 

Submitted on July 28, 2006

Opinion Delivered August 10, 2006

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