Scott Biondo v. High Meadow Ranch Community Association Inc.

• Court: Court of Appeals of Texas
• Decided: March 28, 2024
• Docket: 09-23-00325-CV
• Status: Published

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

__________________

NO. 09-23-00325-CV __________________

SCOTT BIONDO, Appellant

V.

HIGH MEADOW RANCH COMMUNITY ASSOCIATION INC., Appellee

__________________________________________________________________

On Appeal from the 457th District Court Montgomery County, Texas Trial Cause No. 23-05-06617-CV __________________________________________________________________

MEMORANDUM OPINION

On July 5, 2023, Scott Biondo filed a notice to appeal a final judgment in Trial

Cause Number 23-05-06617-CV. But after perfecting his appeal, Biondo failed to

file a brief.

On January 30, 2024, the Clerk of the Ninth Court of Appeals notified the

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

be submitted without briefs unless by February 9, 2024, the Court received Biondo’s

brief and a motion to extend the deadline in which he had to file his brief. We also

1 warned Biondo that if the Court submitted his appeal without briefs that the Court

could dismiss his appeal for want of prosecution.

On February 21, 2024, the Clerk notified the parties that on March 13, 2024,

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

See Tex. R. App. P. 39.8. Since Biondo hasn’t filed a brief in his appeal assigning

any error to any of the trial court’s rulings, we dismiss Biondo’s appeal for want of

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

APPEAL DISMISSED.

PER CURIAM

Submitted on March 13, 2024 Opinion Delivered March 28, 2024

Before Horton, Johnson and Wright, JJ.