Michael Barthen v. Pamela Barthen Appeal from 410th District Court of Montgomery County (memorandum opinion)

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In The Court of Appeals Ninth District of Texas at Beaumont ____________________ NO. 09-16-00351-CV ____________________ MICHAEL BARTHEN, Appellant V. PAMELA BARTHEN, Appellee ________________________________________________________________________ On Appeal from the 410th District Court Montgomery County, Texas Trial Cause No. 14-08-08878-CV ________________________________________________________________________ MEMORANDUM OPINION The trial court signed a final judgment on September 19, 2016. Michael Barthen filed a notice of appeal but failed to file a brief. On March 13, 2017, we notified the parties that the brief had not been filed, and we warned the appellant that his failure to file a brief could result in a dismissal of the appeal for want of prosecution. On March 24, 2017, we notified the parties that the appeal would be submitted to the Court on April 17, 2017, without briefs and without oral argument. See Tex. R. App. P. 39.8. 1 In the absence of a brief assigning error for appellate review, we dismiss the appeal for want of prosecution. See Tex. R. App. P. 38.8(a)(1); Tex. R. App. P. 42.3(b). APPEAL DISMISSED. ________________________________ STEVE McKEITHEN Chief Justice Submitted on April 17, 2017 Opinion Delivered April 27, 2017 Before McKeithen, C.J., Kreger and Johnson, JJ. 2

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