¶1OPINION
¶2Suit was brought by Donald C. McIntyre and wife, Betty, against United Cab Company, Inc., and its driver, Luria Richardson, for damages for injuries sustained by Mrs. McIntyre in a collision between a United Cab driven by Richardson, and a passenger car driven by Mr. McIntyre, in which Mrs. McIntyre was a passenger.
¶3The case was tried before a jury which answered all issues in favor of plaintiffs. Based on the verdict judgment was entered for plaintiffs against the defendants, jointly and severally, in the amount of $8,275.00.
¶4Defendant Richardson did not file a brief in this court. There being no fundamental error apparent of record Richardson’s appeal is dismissed for want of prosecution. Rules 414 and 415, Texas Rules of Civil Procedure; Little Moe, Inc. v. Municipal Service Company of Texas, 412 S.W.2d 914 (Tex.Civ.App., 1967, no writ hist.).
¶5Defendant United Cab Company, Inc. did not file a motion for new trial in the trial court.
¶6This case was tried to a jury and no exception to the necessity for the timely filing of a motion for new trial is applicable. Rule 324, T.R.C.P.
¶7*527Since defendant United Cab did not file a motion for new trial, any alleged errors under this record were waived. Turner v. State, 351 S.W.2d 607 (Tex.Civ.App., 1961, no writ hist.); Lund v. State, 163 Tex. 102, 352 S.W.2d 457 (1962).
¶8Appeal of defendant Richardson dismissed.
¶9Judgment against United Cab Company, Inc., affirmed.