Patricia Massey AKA Patricia Myers v. Olivia Rylander and Bridget Williams, Administrators of the Estate of Oliver Williams

• Court: Court of Appeals of Texas
• Decided: July 20, 2023
• Docket: 09-23-00057-CV
• Status: Published

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

__________________

NO. 09-23-00057-CV __________________

PATRICIA MASSEY AKA PATRICIA MYERS, Appellant

V.

OLIVIA RYLANDER AND BRIDGET WILLIAMS, ADMINISTRATORS OF THE ESTATE OF OLIVER WILLIAMS, Appellees

__________________________________________________________________

On Appeal from the County Court at Law No. 6 Montgomery County, Texas Trial Cause No. 22-32802 __________________________________________________________________

MEMORANDUM OPINION

On February 17, 2023, the trial court signed an Order Granting Motion to

Enforce Rule 11 Agreement, granted immediate possession of property located at

13938 African Hills, Willis, Texas to Olivia Rylander and Bridget Williams,

Administrators of the Estate of Oliver Williams, and ordered Patricia Massey aka

Patricia Myers to immediately vacate the property. The Order contained stated,

“This is a Final Judgment disposing of all issues and all parties, all prior interlocutory

1 orders of the court in this cause are hereby final, and this Judgment is appealable.”

After the trial court signed the judgment, Massey filed a notice of appeal. On April

20, 2023, we notified the parties that the record had been filed and the Appellant’s

brief would be due on May 22, 2023.

On June 2, 2023, we notified the parties that Massey had not filed a brief and

that her appeal would be submitted without briefs unless, by June 12, 2023, we

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

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

prosecution if her appeal was submitted without briefs.

On June 28, 2023, we notified the parties that on July 19, 2023, the appeal

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

See Tex. R. App. P. 39.8. In the absence of a brief assigning error, we dismiss

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

APPEAL DISMISSED.

PER CURIAM

Submitted on July 19, 2023 Opinion Delivered July 20, 2023

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