Court of Civil Appeals of Texas, 2007

Joseph Gauthier v. Jimmy Credeur Home Remodeling

Joseph Gauthier v. Jimmy Credeur Home Remodeling
Court of Civil Appeals of Texas · Decided August 16, 2007

Joseph Gauthier v. Jimmy Credeur Home Remodeling

Opinion

In The



Court of Appeals



Ninth District of Texas at Beaumont



____________________



NO. 09-06-417 CV

____________________



JOSEPH GAUTHIER, Appellant



V.



JIMMY CREDEUR HOME REMODELING, Appellee




On Appeal from the 172nd District Court

Jefferson County, Texas

Trial Cause No. 173,432




MEMORANDUM 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.

__________________________________

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.