Yakia S. Delgado v. Oscar Delgado Jr.

• Court: Court of Appeals of Texas
• Decided: October 24, 2024
• Docket: 09-24-00152-CV
• Status: Published

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

__________________

NO. 09-24-00152-CV __________________

YAKIA S. DELGADO, Appellant

V.

OSCAR DELGADO JR., Appellee

__________________________________________________________________

On Appeal from the 410th District Court Montgomery County, Texas Trial Cause No. 24-04-05734-CV __________________________________________________________________

MEMORANDUM OPINION

On April 24, 2024, Yakia S. Delgado filed a notice of appeal from an order

denying a protective order. But after perfecting her appeal Delgado failed to file a

brief.

On September 9, 2024, the Clerk of the Ninth Court of Appeals notified the

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

would be submitted without briefs unless by September 19, 2024, Delgado submitted

a brief and a motion to extend the deadline to file her brief. We warned Delgado that

1 if the Court submitted her appeal without briefs that the Court could dismiss her

appeal for want of prosecution.

On September 20, 2024, the Clerk notified the parties that on October 11,

2024, the appeal would be submitted to the Court without briefs and without oral

argument. See Tex. R. App. P. 39.8. Because Delgado has not filed a brief in her

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

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

APPEAL DISMISSED.

PER CURIAM

Submitted on October 11, 2024 Opinion Delivered October 24, 2024

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