Peter Grigg v. Tiffaney Grigg Waggonner

• Court: Court of Appeals of Texas
• Decided: April 24, 2025
• Docket: 09-24-00276-CV
• Status: Published

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

__________________

NO. 09-24-00276-CV __________________

PETER GRIGG, Appellant

V.

TIFFANEY GRIGG WAGGONNER, Appellee

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On Appeal from the 457th District Court Montgomery County, Texas Trial Cause No. 24-04-06808-CV __________________________________________________________________

MEMORANDUM OPINION

On December 12, 2024, on a motion filed by Appellee Tiffaney Grigg

Waggonner, the Court found that Appellant’s Brief is defective and ordered the

appellant, Peter Grigg, to file an amended brief by March 3, 2025. See Tex. R. App.

P. 38.9(a). The Order stated that unless Appellant timely files an amended brief that

complies with Texas Rule of Appellate Procedure 38.1, the Court would strike

Appellant’s Brief, proceed as if Appellant had failed to file a brief, and dismiss the

appeal for want of prosecution. Grigg did not file an amended brief.

1 On March 28, 2025, the Clerk of the Court notified the parties that Appellant’s

Brief has been struck and that the appeal would be submitted on the record alone

without oral argument on April 21, 2025. See id. 39.8. The Clerk warned the parties

that submission of the appeal without briefs may result in dismissal for want of

prosecution. Because Grigg has not filed a brief in his appeal assigning any error to

any of the trial court’s rulings, we dismiss Grigg’s appeal for want of prosecution.

See id. 38.8(a)(1), 42.3(b), 43.2(f).

APPEAL DISMISSED.

PER CURIAM

Submitted on April 21, 2025 Opinion Delivered April 24, 2025

Before Johnson, Wright and Chambers, JJ.