Tracey Denby v. Joseph Herman

• Court: Court of Appeals of Texas
• Decided: March 28, 2019
• Docket: 09-18-00420-CV
• Status: Published

Opinion

In The

Court of Appeals Ninth District of Texas at Beaumont ____________________ NO. 09-18-00420-CV ____________________

TRACEY DENBY, Appellant

V.

JOSEPH HERMAN, Appellee _______________________________________________________ ______________

On Appeal from the 172nd District Court Jefferson County, Texas Trial Cause No. E-201,324 ________________________________________________________ _____________

MEMORANDUM OPINION

The trial court signed an order granting Beaumont Independent School

District’s and Joseph Herman’s plea to the jurisdiction on October 10, 2018. Tracey

Denby, Appellant, filed a notice of appeal but failed to file a brief. On February 11,

2019, we notified the parties that Appellant’s brief was past due and had not been

filed, that the appeal would be submitted on the record alone unless we received a

brief and motion for extension of time by February 21, 2019, and we warned

Appellant that the failure to file a brief could result in dismissal of the appeal for 1 want of prosecution. On February 22, 2019, having received no response to the late

brief notice, we notified the parties that the appeal would be submitted to the Court

on March 15, 2019, without briefs and without oral argument. See Tex. R. App. P.

39.8.

If an appellant fails to timely file a brief, the appellate court may dismiss the

appeal for want of prosecution, unless the appellant reasonably explains the failure

and the appellee is not significantly injured by the appellant’s failure to timely file a

brief. See Tex. R. App. P. 38.8(a)(1). In this case, appellant failed to assign error for

appellate review by filing a brief. Accordingly, we dismiss the appeal for want of

prosecution. Tex. R. App. P. 42.3(b).

APPEAL DISMISSED.

________________________________ STEVE McKEITHEN Chief Justice

Submitted on March 15, 2019 Opinion Delivered March 28, 2019

Before McKeithen, C.J., Kreger and Johnson, JJ.