Walker v. Humphreys

Full title: RAY WALKER AND PAM WALKER, Appellants v. EARLE HUMPHREYS AND NICETTE…

Court: Court of Appeals of Texas, Ninth District, Beaumont

Date published: Sep 25, 2003

No. 09-03-093 CV (Tex. App. Sep. 25, 2003)

Opinion

No. 09-03-093 CV.

Submitted on September 12, 2003.

Opinion Delivered September 25, 2003.

Appeal from the County Court at Law No. 2 Montgomery County, Texas Trial Cause No. 02-01-00153-CV.

AFFIRMED.

For Appellants: B. D. Griffin — Conroe.

For Appellees: Walter Clay Cooke — Carll Cooke — Donnenberg — The Woodlands.

Before McKEITHEN, C.J., BURGESS and GAULTNEY, JJ.

MEMORANDUM OPINION¹

1 Tex.R.App.P. 47.4.

PER CURIAM

In this landlord-tenant litigation, Ray Walker and Pam Walker appealed the judgment obtained by Earle Humphreys and Nicette Humphreys for wrongful retention of a security deposit. See Tex. Prop. Code Ann. § 92.109 (Vernon 1995). On August 22, 2003, we notified the parties that the appeal would be advanced without oral argument. See Tex.R.App.P. 39.9. The appeal was submitted without briefs because the appellants failed to file their brief by the June 27, 2003, due date. See Tex.R.App.P. 38.8(a)(2). The appellants did not request an extension of time to file the brief. See Tex.R.App.P. 38.6(d).

We have reviewed the record for fundamental error, and find none. The judgment of the trial court is affirmed.