Joseph Gauthier v. Jimmy Credeur Home Remodeling
Joseph Gauthier v. Jimmy Credeur Home Remodeling
Opinion
Joseph Gauthier sued his employer, Jimmy Credeur Home Remodeling, for negligence. The trial court granted summary judgment for the defendant, and Gauthier appealed. Because the appellant failed to file a brief that presents identifiable issues for review, we dismiss the appeal for lack of prosecution.
On March 1, 2007, we ordered the appellant to amend his brief to comply with the rules of appellate procedure governing the form and contents for appellate briefs. See Tex. R. App. P. 9.4, 38.1(a)-(I). The appellant filed a new brief that was also non-compliant. Tex. R. App. P. 38.1. On April 12, 2007, we identified particular defects in the brief, including the failure to present any identifiable issues, arguments, or authorities and the improper reference to a large number of documents that were not part of the appellate record. We provided additional time to amend the brief and to provide a certificate of service. Gauthier did not amend his brief but did provide a certificate of service. Jimmy Credeur Home Remodeling moved to strike the brief and dismiss the appeal. On June 7, 2007, we struck the appellant's non-compliant brief and provided a final extension for filing a redrawn brief. See Tex. R. App. P. 38.9. At Gauthier's request, we returned the brief and appendices to Gauthier so that he could redraw the brief to comply with our order. Gauthier did not file a brief. If an appellant fails to timely file a brief, the appellate court may dismiss the appeal for want of prosecution. See Tex. R. App. P. 38.8(a)(1).
In the absence of a brief assigning issues for appellate review, we dismiss the appeal for want of prosecution. See Tex. R. App. P. 42.3.
APPEAL DISMISSED.
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CHARLES KREGER
Justice
Submitted on August 7, 2007
Opinion Delivered August 16, 2007
Before Gaultney, Kreger, and Horton, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.