 
 




                                      In The

                               Court of Appeals
                    Ninth District of Texas at Beaumont
                           ____________________
                              NO. 09-14-00229-CV
                           ____________________

                        JOHN D. FAILS JR., Appellant

                                        V.

TEXAS MUTUAL INSURANCE COMPANY AND WENDY M. MERKSON,
                       Appellees
_______________________________________________________            ______________

                    On Appeal from the 284th District Court
                         Montgomery County, Texas
                       Trial Cause No. 13-02-01322 CV
________________________________________________________            _____________

                          MEMORANDUM OPINION

      John D. Fails Jr. filed a notice of appeal after the trial court dismissed his

case for lack of jurisdiction. The brief of the appellant was due to be filed on or

before August 18, 2014, but Fails did not file a brief. On October 24, 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 November 10, 2014, we notified the parties that the appeal would


                                         1
 
 
 




be submitted to the Court without briefs and without oral argument. See Tex. R.

App. P. 39.8.

      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), 42.3(b).

      APPEAL DISMISSED.


                                             ________________________________
                                                       CHARLES KREGER
                                                           Justice


Submitted on December 1, 2014
Opinion Delivered December 11, 2014

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




                                         2
 
