Court of Civil Appeals of Texas, 2005

Cynthia Ileen Wood, Individually and A/N/F Devin Wood v. Benjamin G. Morrison

Cynthia Ileen Wood, Individually and A/N/F Devin Wood v. Benjamin G. Morrison
Court of Civil Appeals of Texas · Decided February 17, 2005

Cynthia Ileen Wood, Individually and A/N/F Devin Wood v. Benjamin G. Morrison

Opinion

In The



Court of Appeals



Ninth District of Texas at Beaumont



____________________



NO. 09-04-247 CV

____________________



CYNTHIA ILEEN WOOD, INDIVIDUALLY AND

AS NEXT FRIEND OF DEVIN WOOD, Appellant



V.



BENJAMIN G. MORRISON, Appellee




On Appeal from the 258th District Court

San Jacinto County, Texas

Trial Cause No. 10663




MEMORANDUM OPINION (1)

Cynthia Ileen Wood, acting individually and as next friend of Devin Wood, sued Benjamin G. Morrison for personal injuries sustained in an automobile accident. The trial court's judgment, entered in accordance with the jury verdict, awarded Wood $4,506.78 individually and awarded Wood nothing in her capacity as next friend of Devin Wood. Wood's appeal was submitted on the clerk's record alone because the appellant was not entitled to a free reporter's record and failed to make payment arrangements for the reporter's record. See Tex. R. App. P. 20.1(a)(1); 37.3(a)(1),(c). The appeal was submitted without briefs because the appellant failed to file her brief by the November 10, 2004, due date. See Tex. R. App. P. 38.8(a)(2). The appellant did not request additional time to file the brief. See Tex. R. App. P. 38.6(d). On January 21, 2005, we notified the parties that the appeal would be advanced without oral argument. See Tex. R. App. P. 39.9. The appellee then filed a brief. We regard that brief as correctly presenting the case. See Tex. R. App. P. 38.8(a)(3). The judgment of the trial court is affirmed.

AFFIRMED.

PER CURIAM



Submitted on February 11, 2005

Opinion Delivered February 17, 2005

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

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

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