Poff v. Poff - Appeal Dismissed for Want of Prosecution
Summary
The Texas Court of Appeals, 9th District, dismissed the appeal in Julia Ann Poff v. William Harvey Poff for want of prosecution. The appellant failed to file a required brief by the court's deadline, leading to the dismissal of the case.
What changed
The Texas Court of Appeals, 9th District, has dismissed the appeal in Julia Ann Poff v. William Harvey Poff (Docket No. 09-25-00263-CV). The dismissal is due to the appellant's failure to file a brief, a procedural requirement for pursuing an appeal. The court issued warnings and extensions, but the appellant did not comply.
Legal professionals involved in appellate cases must ensure timely filing of all required documents, including briefs. Failure to do so can result in the dismissal of the appeal, as demonstrated in this case. Compliance with court rules and deadlines is critical to avoid adverse outcomes.
What to do next
- Ensure timely filing of all appellate briefs and required documents.
- Monitor court orders and deadlines for case progression.
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March 26, 2026 Get Citation Alerts Download PDF Add Note
Julia Ann Poff v. William Harvey Poff
Texas Court of Appeals, 9th District (Beaumont)
- Citations: None known
- Docket Number: 09-25-00263-CV
- Nature of Suit: Miscellaneous/other civil
Disposition: Dismissed
Disposition
Dismissed
Lead Opinion
In The
Court of Appeals
Ninth District of Texas at Beaumont
NO. 09-25-00263-CV
JULIA ANN POFF, Appellant
V.
WILLIAM HARVEY POFF, Appellee
On Appeal from the 418th District Court
Montgomery County, Texas
Trial Cause No. 25-06-10371
MEMORANDUM OPINION
On July 10, 2025, Julia Ann Poff filed a notice of appeal from an order
denying a protective order in Trial Cause Number 25-06-10371. After perfecting her
appeal, Poff failed to file a brief.
On February 5, 2026, the Clerk of the Ninth Court of Appeals notified the
parties that Appellant had not filed a brief and advised the parties that her appeal
would be submitted without briefs unless by February 17, 2026, Appellant filed a
brief and a motion to extend the deadline in which she had to file her brief. We
1
warned that if the Court submitted her appeal without briefs that the Court could
dismiss her appeal for want of prosecution.
On March 2, 2026, the Clerk notified the parties that on March 23, 2026, the
appeal would be submitted to the Court without briefs and without oral argument.
See Tex. R. App. P. 39.8. Because Poff has not filed a brief in her appeal assigning
any error to any of the trial court’s rulings, we dismiss Poff’s appeal for want of
prosecution. See id. 38.8(a)(1), 42.3(b), 43.2(f).
APPEAL DISMISSED.
PER CURIAM
Submitted on March 23, 2026
Opinion Delivered March 26, 2026
Before Golemon, C.J., Wright and Chambers, JJ.
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