Melvin Walker v. George Steve Hebert ( 2020 )

In The Court of Appeals Ninth District of Texas at Beaumont __________________ NO. 09-20-00079-CV __________________ MELVIN WALKER, Appellant V. GEORGE STEVE HEBERT, ET AL, Appellees __________________________________________________________________ On Appeal from the 75th District Court Liberty County, Texas Trial Cause No. CV1813720 __________________________________________________________________ MEMORANDUM OPINION Relying on Rule 91a of the Texas Rules of Civil Procedure, the trial court granted George Steve Hebert’s motion to dismiss the lawsuit filed by Melvin Walker. See Tex. R. Civ. P. 91a. The trial court signed the order dismissing the suit on February 6, 2020, and Walker filed a notice of appeal. Subsequently, Walker failed to file a brief to support his appeal. Thereafter, on November 9, 2020, the Clerk notified the parties that Walker’s brief was past due, and she warned that if Walker failed to file a brief and a motion 1 seeking to extend the time the Court would allow him to file a brief, the Court would submit his appeal to the Court on the record without a brief. The Clerk also notified the parties that submitting the case without briefs could result in the Court’s dismissing the appeal for want of prosecution. On December 8, 2020, the Clerk notified the parties that the Court was submitting his appeal on the record without briefs as of December 29, 2020. The Clerk has notified Walker that his appeal could be dismissed for want of prosecution based on his failure to file a motion for extension and brief. We conclude that Walker failed to comply with the Court’s instructions and has not prosecuted his appeal. Accordingly, we dismiss Walker’s appeal for want of prosecution. See Tex. R. App. P. 42.3. APPEAL DISMISSED. PER CURIAM Submitted on December 29, 2020 Opinion Delivered December 30, 2020 Before Kreger, Horton, and Johnson, JJ. 2