Jimmie Louise Fomby appeals the trial court's order appointing John William Edgmon and Nancy Elaine Edgmon as the sole managing conservators of Fomby's minor child, G.D.F. 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 her brief by the February 18, 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 March 29, 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 April 19, 2004

Opinion Delivered April 29, 2004

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

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