Opinion
No. 09-03-256 CV.
Submitted on March 16, 2004.
Opinion Delivered March 25, 2004. DO NOT PUBLISH.
On Appeal from the County Court at Law No. 1 Jefferson County, Texas, Trial Cause No. 95,401.
Affirmed.
Larry Mitchell; Pro Se, Liberty for appellant.
Kent M. Adams and Ellen G. Reynard; Adams Coffey, Beaumont for appellees.
Before McKEITHEN, C.J., BURGESS and GAULTNEY, JJ.
MEMORANDUM OPINION
Larry Mitchell, while incarcerated in the Texas Department of Criminal Justice, Institutional Division, sought to intervene in a suit filed by the Texas Department of Protective and Regulatory Services in its capacity as the managing conservator of Mitchell's son, J.M., a minor, for injuries sustained in an automobile accident. The trial court struck the petition in intervention and entered judgment pursuant to a settlement agreement between the Department and the defendant, Josheka Banks. Mitchell appealed.
The 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 his brief by the December 1, 2003 due date. See Tex. R. App. P. 38.8(a)(2). The appellant did not request an extension of time to file the brief. See 38.6(d). On February 24, 2004, we notified the parties that the appeal would be advanced without oral argument. See Tex. R. App. P. 39.9.
We have reviewed the record for fundamental error, and find none. The judgment of the trial court is affirmed.