 
 




                                       In The

                                 Court of Appeals
                     Ninth District of Texas at Beaumont
                            ____________________
                               NO. 09-16-00375-CV
                            ____________________

                      NORMAN CRITTENDON, Appellant

                                          V.

                            J. DOE, ET AL, Appellees
________________________________________________________________________

                    On Appeal from the County Court at Law
                              Polk County, Texas
                          Trial Cause No. CV03358
________________________________________________________________________

                           MEMORANDUM OPINION

      The trial court signed a final judgment on October 25, 2016. Norman

Crittendon filed a notice of appeal but failed to file a brief. On February 13, 2017,

we notified the appellant that we had granted a final extension, that his brief was due

to be filed on or before April 17, 2017, and that no motions for extension of time

would be entertained. On April 18, 2017, we notified the parties that the brief had

not been filed and warned that the appeal would be submitted without briefs unless

we received the brief and a motion for extension of time by April 28, 2017.

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Crittendon filed a motion to abate the appeal and a motion for extension of time, but

he failed to submit a brief with his motion for extension. On June 14, 2017, we

denied Crittendon’s motion to abate the appeal, notified the parties that the

appellant’s brief had not been filed, warned the appellant that his failure to file a

brief could result in a dismissal of the appeal for want of prosecution, and notified

the parties that the appeal would be submitted to the Court on July 5, 2017, 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. See Tex. R. App. P. 38.8(a)(1); Tex. R. App. P.

42.3(b).

      APPEAL DISMISSED.



                                             ________________________________
                                                     CHARLES KREGER
                                                          Justice



Submitted on July 5, 2017
Opinion Delivered July 20, 2017

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




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