Glen Allen Smith v. Denise Wynette Smith

• Court: Court of Appeals of Texas
• Decided: June 25, 2015
• Docket: 09-14-00428-CV
• Status: Published

Opinion

In The

Court of Appeals Ninth District of Texas at Beaumont ____________________ NO. 09-14-00428-CV ____________________

GLEN ALLEN SMITH, Appellant

V.

DENISE WYNETTE SMITH, Appellee _______________________________________________________ ______________

On Appeal from the 279th District Court Jefferson County, Texas Trial Cause No. F-220,980 ________________________________________________________ _____________

MEMORANDUM OPINION

Glen Allen Smith filed a notice of appeal from a post-answer default

judgment of the divorce decree but he failed to file a brief. On May 4, 2015, we

notified the parties that the brief had not been filed and warned the appellant that

his failure to file a brief could result in a dismissal of the appeal for want of

prosecution. On May 15, 2015, we notified the parties that the appeal would be

submitted to the Court without oral argument. See Tex. R. App. P. 39.8. In the

1 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.

________________________________ HOLLIS HORTON Justice

Submitted on June 5, 2015 Opinion Delivered June 25, 2015

Before Kreger, Horton, and Johnson, JJ.