Doyle Martinez v. Lyn N. Hawthorne d/b/a Classic Consignment and Southern Insurance Company Appeal from 359th District Court of Montgomery County (memorandum opinion )
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In The Court of Appeals Ninth District of Texas at Beaumont ____________________ NO. 09-13-00495-CV ____________________ DOYLE MARTINEZ, Appellant V. LYN N. HAWTHORNE D/B/A CLASSIC CONSIGNMENT AND SOUTHERN INSURANCE COMPANY, Appellees _______________________________________________________ ______________ On Appeal from the 359th District Court Montgomery County, Texas Trial Cause No. 12-03-02745 CV ________________________________________________________ _____________ MEMORANDUM OPINION Doyle Martinez filed a notice of appeal but failed to file a brief. On July 1, 2014, we notified the parties that the brief had not been filed and warned the appellant that his failure to file a brief could result in a dismissal of the appeal for want of prosecution. On July 21, 2014, we notified the parties that the appeal would be submitted to the Court without oral argument. See Tex. R. App. P. 39.8. A court of appeals may not reverse a trial court s judgment in the absence of 1 properly assigned error. San Jacinto River Auth. v. Duke, 783 S.W.2d 209, 209-10 (Tex. 1990). In the absence of a brief assigning error for appellate review, we dismiss the appeal for want of prosecution. Tex. R. App. P. 38.8(a)(1); Tex. R. App. P. 42.3(b). APPEAL DISMISSED. ________________________________ LEANNE JOHNSON Justice Submitted on August 11, 2014 Opinion Delivered September 4, 2014 Before Kreger, Horton, and Johnson, JJ. 2
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