In The Court of Appeals Ninth District of Texas at Beaumont _________________ NO. 09-12-00345-CV _________________ MARGARET ANN MARTINEZ, Appellant V. LAZARO L. MARTINEZ, Appellee _________________________________________________________________ _ On Appeal from the 1A District Court Jasper County, Texas Trial Cause No. 32047 ________________________________________________________________ _ MEMORANDUM OPINION Margaret Ann Martinez filed a notice of appeal but failed to file a brief. On December 7, 2012, 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 January 16, 2013, we notified the parties that the appeal would be submitted to the Court 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 February 6, 2013 Opinion Delivered February 21, 2013 Before McKeithen, C.J., Gaultney and Horton, JJ.