In The

Court of Appeals

Ninth District of Texas at Beaumont

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NO. 09-16-00267-CV

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EMILY FUNES, Appellant

V. ANTONIO DIAZ AND AMERITEX MACHINE AND FAB, LLC, Appellee ________________________________________________________________________

On Appeal from the 284th District Court

Montgomery County, Texas

Trial Cause No. 14-08-09417-CV ________________________________________________________________________

MEMORANDUM OPINION

The trial court signed a final judgment on May 10, 2016. Emily Funes filed a notice of appeal but failed to file a brief. On January 6, 2017, we notified the parties that the brief had not been filed and warned the appellant that her failure to file a brief could result in a dismissal of the appeal for want of prosecution. On January 23, 2017, we notified the parties that the appeal would be submitted to the Court on February 13, 2017, without briefs and without oral argument. See Tex. R. App. P. 39.8.

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In the absence of a brief assigning error for appellate review, we dismiss the appeal for want of prosecution. See Tex. R. App. P. 38.8(a)(1); Tex. R. App. P. 42.3(b).

APPEAL DISMISSED.

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CHARLES KREGER

Justice Submitted on February 13, 2017 Opinion Delivered February 16, 2017 Before Kreger, Horton, and Johnson, JJ.

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