in the Interest of G.L.B.

• Court: Court of Appeals of Texas
• Decided: January 13, 2022
• Docket: 09-21-00149-CV
• Status: Published

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

__________________

NO. 09-21-00149-CV __________________

IN THE INTEREST OF G.L.B.

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On Appeal from the 410th District Court Montgomery County, Texas Trial Cause No. 15-01-00368-CV __________________________________________________________________

MEMORANDUM OPINION

On March 1, 2021, the trial court signed a final order denying relief in a suit

to modify the parent-child relationship. Luigi Ballatori filed a notice of appeal but

failed to file a brief to support his appeal. On October 5, 2021, we notified the parties

that Ballatori’s brief was past due. We warned the parties that unless we received a

brief and motion for extension of time by October 15, 2021, the Court would submit

that appeal on the record without a brief. We warned Ballatori that the failure to file

a brief could result in dismissal of the appeal for want of prosecution. See Tex. R.

App. P. 38.8(a)(1). On November 19, 2021, we granted a final extension for the brief

1 and notified the appellant that no further extension would be granted except for good

cause shown. The appellant failed to file a brief. On December 7, 2021, we notified

the parties that the Court was submitting the appeal on the record alone without

briefs as of December 28, 2021.

We conclude that Ballatori failed to comply with the Court’s instructions and

has not prosecuted his appeal. Accordingly, we dismiss the appeal for want of

prosecution. See Tex. R. App. P. 42.3(b); id. 43.2(f).

APPEAL DISMISSED.

PER CURIAM

Submitted on December 28, 2021 Opinion Delivered January 13, 2022

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