Emily Funes v. Antonio Diaz and Ameritex MacHine and Fab, LLC

 
 




                                        In The

                                 Court of Appeals
                     Ninth District of Texas at Beaumont
                            ____________________
                               NO. 09-16-00267-CV
                            ____________________

                            EMILY FUNES, Appellant

                                          V.

    ANTONIO DIAZ AND AMERITEX MACHINE AND FAB, LLC, Appellee
________________________________________________________________________

                     On Appeal from the 284th District Court
                          Montgomery County, Texas
                        Trial Cause No. 14-08-09417-CV
________________________________________________________________________

                           MEMORANDUM OPINION

        The trial court signed a final judgment on May 10, 2016. Emily Funes filed a

notice of appeal but failed to file a brief. On January 6, 2017, we notified the parties

that the brief had not been filed and warned the appellant that her failure to file a

brief could result in a dismissal of the appeal for want of prosecution. On January

23, 2017, we notified the parties that the appeal would be submitted to the Court on

February 13, 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.




                                              ________________________________
                                                      CHARLES KREGER
                                                            Justice

Submitted on February 13, 2017
Opinion Delivered February 16, 2017

Before Kreger, Horton, and Johnson, JJ.




                                          2