                                        In The

                                 Court of Appeals
                     Ninth District of Texas at Beaumont
                                _________________
                                NO. 09-12-00345-CV
                                _________________

                   MARGARET ANN MARTINEZ, Appellant

                                          V.

                       LAZARO L. MARTINEZ, Appellee

_________________________________________________________________ _

                 On Appeal from the 1A District Court
                        Jasper County, Texas
                        Trial Cause No. 32047
________________________________________________________________ _

                           MEMORANDUM OPINION

      Margaret Ann Martinez filed a notice of appeal but failed to file a brief. On

December 7, 2012, 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 January 16, 2013, we notified the parties that

the appeal would be submitted to the Court without oral argument. See Tex. R.

App. P. 39.8. In the absence of a brief assigning error for appellate review, we


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dismiss the appeal for want of prosecution. Tex. R. App. P. 38.8(a)(1); Tex. R.

App. P. 42.3(b).

      APPEAL DISMISSED.




                                           ______________________________
                                                  STEVE McKEITHEN
                                                     Chief Justice


Submitted on February 6, 2013
Opinion Delivered February 21, 2013
Before McKeithen, C.J., Gaultney and Horton, JJ.




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