Timothy Ennis Dba Upstage Developers and Katelyn Best Dba Upstage Developers v. Ashley Craig and Devin Craig

• Court: Court of Appeals of Texas
• Decided: October 31, 2024
• Docket: 09-24-00178-CV
• Status: Published

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

__________________

NO. 09-24-00178-CV __________________

TIMOTHY ENNIS DBA UPSTAGE DEVELOPERS AND KATELYN BEST DBA UPSTAGE DEVELOPERS, Appellants

V.

ASHLEY CRAIG AND DEVIN CRAIG, Appellees

__________________________________________________________________

On Appeal from the County Court at Law No. 6 Montgomery County, Texas Trial Cause No. 22-12-17300-CV __________________________________________________________________

MEMORANDUM OPINION

On April 4, 2024, Timothy Ennis dba Upstage Developers and Katelyn Best

dba Upstage Developers filed a notice of appeal from a final judgment signed on

April 29, 2024. See Tex. R. App. P. 27.1(a). But after perfecting their appeal Ennis

and Best failed to file a brief.

On September 17, 2024, the Clerk of the Ninth Court of Appeals notified the

parties that Ennis and Best had not filed a brief and advised the parties that this

1 appeal would be submitted without briefs unless by September 27, 2024, Ennis and

Best submitted a brief and a motion to extend the deadline to file their brief. We

warned Ennis and Best that if the Court submitted their appeal without briefs that

the Court could dismiss their appeal for want of prosecution.

On October 7, 2024, the Clerk notified the parties that on October 28, 2024,

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

See Tex. R. App. P. 39.8. Because Ennis and Best have not filed a brief in their

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

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

APPEAL DISMISSED.

PER CURIAM

Submitted on October 28, 2024 Opinion Delivered October 31, 2024

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