Norman Crittendon v. J. Doe

• Court: Court of Appeals of Texas
• Decided: July 20, 2017
• Docket: 09-16-00375-CV
• Status: Published

Opinion

In The

Court of Appeals Ninth District of Texas at Beaumont ____________________ NO. 09-16-00375-CV ____________________

NORMAN CRITTENDON, Appellant

V.

J. DOE, ET AL, Appellees ________________________________________________________________________

On Appeal from the County Court at Law Polk County, Texas Trial Cause No. CV03358 ________________________________________________________________________

MEMORANDUM OPINION

The trial court signed a final judgment on October 25, 2016. Norman

Crittendon filed a notice of appeal but failed to file a brief. On February 13, 2017,

we notified the appellant that we had granted a final extension, that his brief was due

to be filed on or before April 17, 2017, and that no motions for extension of time

would be entertained. On April 18, 2017, we notified the parties that the brief had

not been filed and warned that the appeal would be submitted without briefs unless

we received the brief and a motion for extension of time by April 28, 2017.

Crittendon filed a motion to abate the appeal and a motion for extension of time, but

he failed to submit a brief with his motion for extension. On June 14, 2017, we

denied Crittendon’s motion to abate the appeal, notified the parties that the

appellant’s brief had not been filed, warned the appellant that his failure to file a

brief could result in a dismissal of the appeal for want of prosecution, and notified

the parties that the appeal would be submitted to the Court on July 5, 2017, without

briefs and without oral argument. See Tex. R. App. P. 39.8.

In the 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.

________________________________ CHARLES KREGER Justice

Submitted on July 5, 2017 Opinion Delivered July 20, 2017

Before McKeithen, C.J., Kreger and Horton, JJ.