Octavia Sharrell McGee v. Camillo ML 2021 SFR, LLC

• Court: Court of Appeals of Texas
• Decided: June 22, 2023
• Docket: 09-22-00314-CV
• Status: Published

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

__________________

NO. 09-22-00314-CV __________________

OCTAVIA SHARRELL MCGEE, Appellant

V.

CAMILLO ML 2021 SFR, LLC, Appellee

__________________________________________________________________

On Appeal from the County Court at Law No. 2 Montgomery County, Texas Trial Cause No. 22-32799 __________________________________________________________________

MEMORANDUM OPINION

In September 2022, the trial court signed a judgment ordering Octavia Sharrell

McGee to surrender possession and to pay unpaid rent on the premises, located at

25758 Hazy Elm Lane, Porter, Texas. After the trial court signed the judgment,

McGee filed a notice of appeal, and in a separate document, requested that the

judgment be reversed.

On April 3, 2023, we notified McGee that the document we received failed to

comply with the requirements of a brief and lacked the required certificate of service.

1 See Tex. R. App. P. 9.5(e), 38.1. We warned McGee that she must send a copy of

each document she filed to the appellee and submit a certificate of service. We

further notified McGee that she could file an amended brief provided she did so no

later than April 13, 2023.

On April 27, 2023, we notified the parties that McGee had not filed a brief

and that her appeal would be submitted without briefs unless, by May 8, 2023, we

received a brief together with a motion to extend the time she is allowed to file a

brief. We also warned McGee that her appeal could be dismissed for want of

prosecution if her appeal was submitted without briefs.

On May 23, 2023, we notified the parties that on June 13, 2023, the appeal

would be submitted on the record alone without briefs and without oral argument.

See id. 39.8. In the absence of a brief assigning error, we dismiss McGee’s appeal

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

APPEAL DISMISSED.

PER CURIAM

Submitted on June 13, 2023 Opinion Delivered June 22, 2023

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