                                       In The

                                Court of Appeals
                    Ninth District of Texas at Beaumont
                            ____________________
                               NO. 09-15-00180-CV
                            ____________________

                        IVORY JOE LARKIN, Appellant

                                         V.

  JONATHAN THORNBERRY AND CHARLES HAIRGROVE, Appellees
________________________________________________________________________

                    On Appeal from the 284th District Court
                         Montgomery County, Texas
                       Trial Cause No. 14-07-08146 CV
________________________________________________________________________

                          MEMORANDUM OPINION

      Ivory Joe Larkin filed a trespass to try title suit against Jonathan Thornberry

and Charles Hairgrove. Thornberry and Hairgrove answered the suit and made a

demand for abstract of title and Hairgrove asserted a counterclaim for adverse

possession. Larkin failed to appear for trial and the trial court signed a default

judgment that Larkin take nothing and that Hairgrove recover the real property at

issue. Larkin filed a notice of appeal. The brief of the appellant was due to be filed

on or before August 27, 2015, but Larkin did not file a brief. On September 23,

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2015, 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 October 8, 2015, we notified the parties that the appeal

would 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); Tex. R. App. P.

42.3(b).

      APPEAL DISMISSED.

                                               ________________________________
                                                      STEVE McKEITHEN
                                                          Chief Justice


Submitted on October 29, 2015
Opinion Delivered November 5, 2015

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




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