Emanuel Berry v. Juan Cuyuch Simaj

• Court: Court of Appeals of Texas
• Decided: August 31, 2023
• Docket: 09-23-00058-CV
• Status: Published

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

__________________

NO. 09-23-00058-CV __________________

EMANUEL BERRY, Appellant

V.

JUAN CUYUCH SIMAJ, Appellee

__________________________________________________________________

On Appeal from the County Court at Law No. 1 Jefferson County, Texas Trial Cause No. 138320 __________________________________________________________________

MEMORANDUM OPINION

On February 17, 2023, Emanuel Berry appealed from a final judgment in Trial

Cause Number 138320. After perfecting his appeal, however, Berry failed to file a

brief.

On July 11, 2023, we notified the parties that Berry had not filed a brief and

that his appeal would be submitted without briefs unless, by July 21, 2023, we

received a brief in his appeal together with a motion to extend the time he was

1 allowed to file his brief. We also warned Berry that his appeal could be dismissed

for want of prosecution if the appeal was submitted without briefs.

On August 1, 2023, we notified the parties that the appeal would be submitted

without briefs and without oral argument on August 22, 2023. See Tex. R. App. P.

39.8. In the absence of a brief assigning error for our review, we dismiss Berry’s

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

APPEAL DISMISSED.

PER CURIAM

Submitted on August 22, 2023 Opinion Delivered August 31, 2023

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