Timothy Abbott v. Timbers Edge Apartments

• Court: Court of Appeals of Texas
• Decided: May 18, 2023
• Docket: 09-22-00362-CV
• Status: Published

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

__________________

NO. 09-22-00362-CV __________________

TIMOTHY ABBOTT, Appellant

V.

TIMBERS EDGE APARTMENTS, Appellee

__________________________________________________________________

On Appeal from the County Court at Law No. 1 Jefferson County, Texas Trial Cause No. 138,114 __________________________________________________________________

MEMORANDUM OPINION

On November 3, 2022, Timothy Abbott appealed from a final judgment in

Trial Cause Number 138,114. After perfecting his appeal, however, Abbott failed to

file a brief.

On March 28, 2023, we notified the parties that Abbott had not filed a brief

and that his appeal would be submitted without briefs unless, by April 10, 2023, we

received a brief in his appeal together with a motion to extend the time he was

1 allowed to file his brief. We also warned Abbott that his appeal could be dismissed

for want of prosecution if the appeal was submitted without briefs.

On April 21, 2023, we notified the parties that the appeal would be submitted

without briefs and without oral argument on May 12, 2023. See Tex. R. App. P. 39.8.

In the absence of a brief assigning error for our review, we dismiss Abbott’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 May 12, 2023 Opinion Delivered May 18, 2023

Before Horton, Johnson and Wright, JJ.