Robert Caldwell v. Texas Department of Criminal Justice Institutional Division ( 2018 )

In The Court of Appeals Ninth District of Texas at Beaumont ____________________ NO. 09-17-00458-CV ____________________ ROBERT CALDWELL, Appellant V. TEXAS DEPARTMENT OF CRIMINAL JUSTICE INSTITUTIONAL DIVISION, Appellee _______________________________________________________ ______________ On Appeal from the County Court at Law Polk County, Texas Trial Cause No. CV03461 ________________________________________________________ _____________ MEMORANDUM OPINION The trial court signed a final judgment on November 9, 2017. Robert Caldwell filed a notice of appeal but failed to file a brief. On February 9, 2018, we notified the parties that appellant’s brief had not been filed, and we warned the appellant that his failure to file a brief could result in a dismissal of the appeal for want of prosecution. On February 27, 2018, we notified the parties that the appeal would be 1 submitted to the Court on March 20, 2018, without briefs and 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. See Tex. R. App. P. 38.8(a)(1); Tex. R. App. P. 42.3(b). APPEAL DISMISSED. ________________________________ LEANNE JOHNSON Justice Submitted on March 20, 2018 Opinion Delivered March 29, 2018 Before Kreger, Horton, and Johnson, JJ. 2