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Berry v. Simaj

Court of Appeals of Texas, Ninth District, Beaumont
Aug 31, 2023
No. 09-23-00058-CV (Tex. App. Aug. 31, 2023)

Opinion

09-23-00058-CV

08-31-2023

EMANUEL BERRY, Appellant v. JUAN CUYUCH SIMAJ, Appellee


Submitted on August 22, 2023.

On Appeal from the County Court at Law No. 1 Jefferson County, Texas Trial Cause No. 138320

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

MEMORANDUM OPINION

PER CURIAM

On February 17,2023, Emanuel Berry appealed from a final judgment in Trial Cause Number 138320. After perfecting his appeal, however, Berry failed to file a brief.

On July 11, 2023, we notified the parties that Berry had not filed a brief and that his appeal would be submitted without briefs unless, by July 21, 2023, we received a brief in his appeal together with a motion to extend the time he was allowed to file his brief. We also warned Berry that his appeal could be dismissed for want of prosecution if the appeal was submitted without briefs.

On August 1,2023, we notified the p arties that the appeal would be submitted without briefs and without oral argument on August 22, 2023. See Tex. R. App. P. 39.8. In the absence of a brief assigning error for our review, we dismiss Berry's appeal for want of prosecution. See id. 38.8(a)(1); id. 42.3(b), 43.2(f).

APPEAL DISMISSED.


Summaries of

Berry v. Simaj

Court of Appeals of Texas, Ninth District, Beaumont
Aug 31, 2023
No. 09-23-00058-CV (Tex. App. Aug. 31, 2023)
Case details for

Berry v. Simaj

Case Details

Full title:EMANUEL BERRY, Appellant v. JUAN CUYUCH SIMAJ, Appellee

Court:Court of Appeals of Texas, Ninth District, Beaumont

Date published: Aug 31, 2023

Citations

No. 09-23-00058-CV (Tex. App. Aug. 31, 2023)