Lee Pevoteaux v. David Nacke Appeal from County Court at Law No. 6 of Montgomery County (memorandum opinion per curiam)
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In The Court of Appeals Ninth District of Texas at Beaumont __________________ NO. 09-23-00190-CV __________________ LEE PEVOTEAUX, Appellant V. DAVID NACKE, Appellee __________________________________________________________________ On Appeal from the County Court at Law No. 6 Montgomery County, Texas Trial Cause No. 23-33202 __________________________________________________________________ MEMORANDUM OPINION In June 2023, Lee Pevoteaux filed a notice appealing from the final judgment in Trial Cause Number 23-33202. But after perfecting his appeal, Pevoteaux failed to file a brief. In October 2023, the Clerk of the Ninth Court of Appeals notified the parties that Pevoteaux had not filed a brief and advised the parties that his appeal would be submitted without briefs unless the Court received Pevoteaux’s brief by November 2, 2023, and a motion to extend the deadline for filing the brief. We also warned 1 Pevoteaux that his appeal could be dismissed for want of prosecution if the Court submitted his appeal without briefs. On November 15, 2023, the Clerk notified the parties that on December 6, 2023, the Court had submitted the appeal without briefs and without oral argument. See Tex. R. App. P. 39.8. Since no brief has been filed in the appeal assigning any error to a ruling of the trial court, we dismiss Pevoteaux’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 December 6, 2023 Opinion Delivered December 7, 2023 Before Golemon, C.J., Horton and Wright, JJ. 2
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