Tracey Lewisgrant v. Stephen St. Arthur Grant

• Court: Court of Appeals of Texas
• Decided: August 1, 2024
• Docket: 09-23-00392-CV
• Status: Published

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

__________________

NO. 09-23-00392-CV __________________

TRACEY LEWISGRANT, Appellant

V.

STEPHEN ST. ARTHUR GRANT, Appellee

__________________________________________________________________

On Appeal from the 410th District Court Montgomery County, Texas Trial Cause No. 22-06-06964-CV __________________________________________________________________

MEMORANDUM OPINION

On November 8, 2023, Tracey Lewisgrant filed a notice of appeal pertaining

to a final decree of divorce in Trial Cause Number 22-06-06964-CV. But after

perfecting her appeal and obtaining several extensions of time to file a brief,

Lewisgrant failed to file a brief.

On May 22, 2024, the Clerk of the Ninth Court of Appeals notified the parties

that Lewisgrant had not filed a brief and advised the parties that her appeal would

be submitted without briefs unless by June 3, 2024, Lewisgrant had submitted a brief

1 and a motion to extend the deadline in which she had to file her brief. We warned

Lewisgrant that if the Court submitted her appeal without briefs that the Court could

dismiss her appeal for want of prosecution.

On July 2, 2024, the Clerk notified the parties that on July 23, 2024, the appeal

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

R. App. P. 39.8. Because Lewisgrant has not filed a brief in her appeal assigning any

error to any of the trial court’s rulings, we dismiss Lewisgrant’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 July 23, 2024 Opinion Delivered August 1, 2024

Before Johnson, Wright and Chambers, JJ.