Danielle Guajardo v. Oscar Castillo

• Court: Court of Appeals of Texas
• Decided: November 16, 2023
• Docket: 09-23-00176-CV
• Status: Published

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

__________________

NO. 09-23-00176-CV __________________

DANIELLE GUAJARDO, Appellant

V.

OSCAR CASTILLO, Appellee

__________________________________________________________________

On Appeal from the County Court at Law No. 6 Montgomery County, Texas Trial Cause No. 23-33180 __________________________________________________________________

MEMORANDUM OPINION

On June 5, 2023, Danielle Guajardo appealed from a final judgment

in Trial Cause Number 23-33180. After perfecting her appeal, however,

Guajardo failed to file a brief.

On September 27, 2023, we notified the parties that Guajardo had

not filed a brief and that her appeal would be submitted without briefs

unless, by October 9, 2023, she filed a brief supporting her appeal with a

1 motion explaining why the Court should extend the appellate timetable

that applies to the deadlines for filing briefs. We also warned Guajardo

that her appeal could be dismissed for want of prosecution if the Court

submitted her appeal without a brief.

On October 23, 2023, we notified the parties that the Court would

submit the appeal on November 13, 2023, without briefs and without oral

argument. See Tex. R. App. P. 39.8. On October 24, 2023, the appellee,

Oscar Castillo, filed a motion to dismiss the appeal for want of

prosecution.

In the absence of a brief assigning error for our review, we grant

Castillo’s motion to dismiss. Accordingly, the appeal is dismissed for want

of prosecution. See id. 38.8(a)(1); id. 42.3(b), 43.2(f).

APPEAL DISMISSED.

PER CURIAM

Submitted on November 13, 2023 Opinion Delivered November 16, 2023

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