Lee Pevoteaux v. David Nacke

• Court: Court of Appeals of Texas
• Decided: December 7, 2023
• Docket: 09-23-00190-CV
• Status: Published

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

__________________

NO. 09-23-00190-CV __________________

LEE PEVOTEAUX, Appellant

V.

DAVID NACKE, Appellee

__________________________________________________________________

On Appeal from the County Court at Law No. 6 Montgomery County, Texas Trial Cause No. 23-33202 __________________________________________________________________

MEMORANDUM OPINION

In June 2023, Lee Pevoteaux filed a notice appealing from the final judgment

in Trial Cause Number 23-33202. But after perfecting his appeal, Pevoteaux failed

to file a brief.

In October 2023, the Clerk of the Ninth Court of Appeals notified the parties

that Pevoteaux had not filed a brief and advised the parties that his appeal would be

submitted without briefs unless the Court received Pevoteaux’s brief by November

2, 2023, and a motion to extend the deadline for filing the brief. We also warned

1 Pevoteaux that his appeal could be dismissed for want of prosecution if the Court

submitted his appeal without briefs.

On November 15, 2023, the Clerk notified the parties that on December 6,

2023, the Court had submitted the appeal without briefs and without oral argument.

See Tex. R. App. P. 39.8. Since no brief has been filed in the appeal assigning any

error to a ruling of the trial court, we dismiss Pevoteaux’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 December 6, 2023 Opinion Delivered December 7, 2023

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