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"A year after filing an appeal over her Hurricane Rita insurance lawsuit, Mary Harmon had never filed a brief, leading justices on Texas' Ninth Court of Appeals to dismiss her case on Thursday, March 26. <br /><br />In August 2006, Harmon filed a suit against National Lloyds Insurance and the Kenneth Denby Insurance Agency in Jefferson County District Court, alleging the two insurers stiffed her on her Hurricane Rita policy claim. <br /><br />According to her suit, Harmon purchased a National Lloyds home insurance policy through Denby on May 1, 2005. She alleges the defendants never informed her that her policy excluded windstorm damage. <br /><br />Shortly after Rita swept through Southeast Texas that September, Harmon made a policy claim and was denied. \"Harmon did not discover the exclusion (of windstorm coverage) until after the loss was incurred on Sept. 25, 2005,\" the suit states.<br /><br />Her suit was assigned to 172nd District Judge Donald Floyd and on June 18, 2007, he granted Denby's motion for summary judgment.<br /><br />A few months later, on Jan. 7, 2008, Judge Floyd also granted National Lloyds motion for summary judgment, prompting Harmon to file a pro se appeal on April 3, 2008.<br /><br />On appeal, Harmon was hoping to argue that Judge Floyd had erred in granting summary judgment in favor of National Lloyds.<br /><br />Up until the appellate stage, Harmon had been represented by Beaumont attorney Clay Dugas.<br /><br />\"Mary Harmon filed notice of appeal but failed to file a brief,\" states a memorandum opinion. \"On Jan. 22, 2009, we notified the parties that the brief had not been filed and warned that failure to file a brief could result in a dismissal of the appeal for want of prosecution. <br /><br />\"On Feb. 19, 2009, we notified the parties that the appeal would be submitted to the Court without oral argument. In the absence of a brief assigning error for appellate review, we dismiss the appeal for want of prosecution.\"<br /><br />National Lloyds was represented in part by attorney James W. Henges.<br /><br />Trial case No. E177-575<br />Appeals case No. 09-08-00165-CV<br />"^^<http://www.w3.org/2001/XMLSchema#string>
<http://setexasrecord.com/stories/510610821-after-losing-hurricane-suit-woman-goes-it-alone-and-has-appeal-dismissed>