                                       In The

                                 Court of Appeals
                     Ninth District of Texas at Beaumont
                            ____________________
                               NO. 09-17-00425-CV
                            ____________________

        CHRISTIAN STOVER AND MERISSA STOVER, Appellants

                                          V.

                   JOHN FONT AND AMY FONT, Appellees
_______________________________________________________              ______________

                On Appeal from the County Court at Law No. 2
                        Montgomery County, Texas
                      Trial Cause No. 16-05-05575-CV
________________________________________________________              _____________

                           MEMORANDUM OPINION

      The trial court signed a final judgment on August 21, 2017. Christian Stover

and Merissa Stover, appellants, filed a notice of appeal but failed to file a brief. On

September 24, 2018, we notified the parties that appellants had received a final

extension for their brief, that appellants’ brief was past due and had not been filed,

and we warned appellants that the appeal would be submitted on the record alone

unless we received a brief and motion for extension of time by October 4, 2018. On

October 10, 2018, having received no response to the late brief notice, we notified

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the parties that the appeal would be submitted to the Court on October 31, 2018,

without briefs and without oral argument. See Tex. R. App. P. 39.8.

      If an appellant fails to timely file a brief, the appellate court may dismiss the

appeal for want of prosecution, unless the appellant reasonably explains the failure

and the appellee is not significantly injured by the appellant’s failure to timely file a

brief. See Tex. R. App. P. 38.8(a)(1). In this case, appellants failed to assign error

for appellate review by filing a brief. Accordingly, we dismiss the appeal for want

of prosecution. Tex. R. App. P. 42.3(b).

      APPEAL DISMISSED.




                                               ________________________________
                                                       HOLLIS HORTON
                                                             Justice

Submitted on October 31, 2018
Opinion Delivered November 15, 2018

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




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