Ronald Lyons v. O. W. Collins Apartments

• Court: Court of Appeals of Texas
• Decided: March 2, 2023
• Docket: 09-22-00319-CV
• Status: Published

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

__________________

NO. 09-22-00319-CV __________________

RONALD LYONS, Appellant

V.

O. W. COLLINS APARTMENTS, Appellee

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On Appeal from the County Court at Law No. 1 Jefferson County, Texas Trial Cause No. 137,932 __________________________________________________________________

MEMORANDUM OPINION

Ronald Lyons, appearing pro se, appeals from a judgment granting O.W.

Collins Apartments possession of an apartment located at 4440 Gulfway Drive, Port

Arthur, Texas and $444.15 in past-due rent. After Lyons filed his appeal, he failed

to file a brief.

On December 19, 2022, the Court Clerk notified the parties that Lyons’ brief

had not been filed. In the letter, Lyons was advised that the appeal would be

submitted without briefs unless we received his brief and a motion to extend the

1 deadline in which he had to file his brief within ten days. The letter further warned

Lyons the appeal could be dismissed for want of prosecution if the Court submitted

the appeal without briefs.

On January 13, 2023, the Clerk notified the parties the appeal would be

submitted to the Court on February 3, 2023, without briefs and without oral

argument. See Tex. R. App. P. 39.8. In the absence of a brief assigning any errors

for the Court to 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.

PER CURIAM

Submitted on February 3, 2023 Opinion Delivered March 2, 2023

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