S. W. Johnson Jr. v. Krista Johnson

• Court: Court of Appeals of Texas
• Decided: August 28, 2025
• Docket: 09-24-00449-CV
• Status: Published

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

__________________

NO. 09-24-00449-CV __________________

S. W. JOHNSON JR., Appellant

V.

KRISTA JOHNSON, Appellee

__________________________________________________________________

On Appeal from the 410th District Court Montgomery County, Texas Trial Cause No. 24-10-15510-CV __________________________________________________________________

MEMORANDUM OPINION

On December 23, 2024, Appellant S. W. Johnson Jr. filed a notice of appeal

from an order granting a protective order in Trial Cause Number 24-10-15510-CV.

But after perfecting his appeal Johnson failed to file a brief.

On July 10, 2025, the Clerk of the Ninth Court of Appeals notified the parties

that Appellant had not filed a brief and advised the parties that his appeal would be

submitted without briefs unless by July 21, 2025, Appellant filed a brief and a motion

to extend the deadline in which he had to file his brief. We warned Johnson that if

1 the Court submitted his appeal without briefs that the Court could dismiss his appeal

for want of prosecution.

On August 4, 2025, the Clerk notified the parties that on August 25, 2025, the

appeal would be submitted to the Court without briefs and without oral argument.

See Tex. R. App. P. 39.8. Because Johnson has not filed a brief in his appeal

assigning any error to any of the trial court’s rulings, we dismiss Johnson’s appeal

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

APPEAL DISMISSED.

PER CURIAM

Submitted on August 25, 2025 Opinion Delivered August 28, 2025

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