Roy E. Addicks, Jr. appeals the final decree in a suit for divorce. The appeal is submitted on the record of the indigence hearing because the trial court sustained contests filed by the district clerk and the court reporter. See In re Arroyo, 988 S.W.2d 737 (Tex. 1998).

The appeal was submitted without briefs because the appellant failed to file his brief by the October 1, 2004, due date. See Tex. R. App. P. 38.8(a)(2). The appellant did not request an extension of time to file the brief. See Tex. R. App. P. 38.6(d). On October 27, 2004, we notified the parties that the appeal would be advanced without oral argument. See Tex. R. App. P. 39.9.

We have reviewed the record for fundamental error, and find none. The judgment of the trial court is affirmed.

AFFIRMED.

PER CURIAM

Submitted on November 17, 2004

Opinion Delivered December 2, 2004

Before McKeithen, C.J., Burgess and Gaultney, JJ.

1. Tex. R. App. P. 47.4.