Christopher Provost and Haley Provost v. Imperial Oaks Park Property Owners Association, Inc.

• Court: Court of Appeals of Texas
• Decided: March 23, 2023
• Docket: 09-22-00329-CV
• Status: Published

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

__________________

NO. 09-22-00329-CV __________________

CHRISTOPHER PROVOST AND HALEY PROVOST, Appellants

V.

IMPERIAL OAKS PARK PROPERTY OWNERS ASSOCIATION, INC., Appellee

__________________________________________________________________

On Appeal from the 284th District Court Montgomery County, Texas Trial Cause No. 22-07-08448-CV __________________________________________________________________

MEMORANDUM OPINION

On October 14, 2022, Christopher Provost and Haley Provost filed a notice of

appeal from a final judgment or order in Trial Cause Number 22-07-08448-CV.

Appellants have failed to file a brief. On February 6, 2023, we notified the parties

that the Appellants’ brief had not been filed and that the appeal would be submitted

without briefs unless we received Appellants’ brief and a motion for extension

within ten days, and we warned Appellants that the appeal could be dismissed for

1 want of prosecution if the appeal was submitted without briefs. On February 22,

2023, we notified the parties that the appeal would be submitted to the Court on

March 15, 2023, 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.

PER CURIAM

Submitted on March 15, 2023 Opinion Delivered March 23, 2023

Before Golemon, C.J., Horton and Johnson, JJ.