Cynthia Ileen Wood, Individually and A/N/F Devin Wood v. Benjamin G. Morrison ( 2005 )

In The

Court of Appeals

Ninth District of Texas at Beaumont

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NO. 09-04-247 CV ____________________

CYNTHIA ILEEN WOOD, INDIVIDUALLY AND AS NEXT FRIEND OF DEVIN WOOD, Appellant

V.

BENJAMIN G. MORRISON, Appellee

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On Appeal from the 258th District Court San Jacinto County, Texas Trial Cause No. 10663

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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.