Winston Charles Heron v. Michael Kemp Aduddell

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

__________________

NO. 09-20-00288-CV __________________

WINSTON CHARLES HERON, Appellant

V.

MICHAEL KEMP ADUDDELL, Appellee __________________________________________________________________

On Appeal from the 284th District Court Montgomery County, Texas Trial Cause No. 20-08-10306-CV __________________________________________________________________

MEMORANDUM OPINION

Appellant Winston Charles Heron filed a letter, which he designated as his

brief, but failed to provide a copy of the brief to lead counsel for appellee. On

February 12, 2021, we directed Heron to provide a copy of the brief to lead counsel

for appellee, certify the fact of service in the form provided by Rule 9.5(e) of the

Texas Rules of Appellate Procedure, and file the certificate of service with the Court

of Appeals no later than February 22, 2021. See Tex. R. App. P. 9.5(e). On March

2, 2021, we notified the parties that the Court had not received a response from

1 Heron and warned that if Heron failed to comply, the appeal would be submitted on

the record alone on March 12, 2021, which could result in dismissal for want of

prosecution. Heron has not filed the certificate or otherwise indicated that he served

a copy of the brief on appellee’s counsel.

Heron failed to comply with a notice requiring a response within a specified

time and failed to prosecute his appeal by filing a brief that complies with the rules

regarding service on an opposing party. See Tex. R. App. P. 6.3(a), 9.5, 42.3. The

appeal is dismissed for want of prosecution.

APPEAL DISMISSED.

PER CURIAM

Submitted on March 24, 2021 Opinion Delivered March 25, 2021

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