Melton Richard v. the Cottages at Spindletop

• Court: Court of Appeals of Texas
• Decided: October 31, 2024
• Docket: 09-24-00143-CV
• Status: Published

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

__________________

NO. 09-24-00143-CV __________________

MELTON RICHARD, Appellant

V.

THE COTTAGES AT SPINDLETOP, Appellee

__________________________________________________________________

On Appeal from the County Court at Law No. 1 Jefferson County, Texas Trial Cause No. 24CCCV0271 __________________________________________________________________

MEMORANDUM OPINION

On April 16, 2024, Melton Richard filed a notice of appeal from a final

judgment signed on April 9, 2024. But after perfecting his appeal Richard failed to

file a brief.

On September 17, 2024, the Clerk of the Ninth Court of Appeals notified the

parties that Richard had not filed a brief and advised the parties that this appeal

would be submitted without briefs unless by September 27, 2024, Richard submitted

a brief and a motion to extend the deadline to file his brief. We warned Richard that

1 if the Court submitted his appeal without briefs that the Court could dismiss his

appeal for want of prosecution.

On October 7, 2024, the Clerk notified the parties that on October 28, 2024,

the appeal would be submitted to the Court without briefs and without oral argument.

See Tex. R. App. P. 39.8. Because Richard has not filed a brief in his appeal

assigning any error to any of the trial court’s rulings, we dismiss Richard’s appeal

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

APPEAL DISMISSED.

PER CURIAM

Submitted on October 28, 2024 Opinion Delivered October 31, 2024

Before Johnson, Wright and Chambers, JJ.