Julia Ann Poff v. Gina Annette Dare - Case Dismissed
Summary
The Texas Court of Appeals, 9th District, has dismissed the appeal in Julia Ann Poff v. Gina Annette Dare. The dismissal is due to the appellant's failure to file a required brief following the notice of appeal.
What changed
The Texas Court of Appeals, 9th District, has dismissed the appeal in the case of Julia Ann Poff v. Gina Annette Dare (Docket No. 09-25-00262-CV). The dismissal, issued on March 5, 2026, is a result of the appellant, Julia Poff, failing to file a required appellate brief after filing a notice of appeal from a protective order case. The court had previously notified the parties of the deficiency and the potential for dismissal if the brief was not filed by January 20, 2026.
This action signifies the final disposition of the appeal for want of prosecution. For legal professionals involved in appellate proceedings, this serves as a reminder of the strict adherence required for procedural rules, including timely filing of briefs. Failure to comply can lead to the dismissal of an appeal, as demonstrated in this case, with no further recourse for the appellant on this specific appeal.
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March 5, 2026 Get Citation Alerts Download PDF Add Note
Julia Ann Poff v. Gina Annette Dare
Texas Court of Appeals, 9th District (Beaumont)
- Citations: None known
- Docket Number: 09-25-00262-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. 09-25-00262-CV
JULIA ANN POFF, Appellant
V.
GINA ANNETTE DARE, Appellee
On Appeal from the 418th District Court
Montgomery County, Texas
Trial Cause No. 25-06-10370
MEMORANDUM OPINION
On July 11, 2025, Julia Poff filed a notice of appeal from a final judgment in
a protective order case. After perfecting an appeal, Poff failed to file a brief.
On January 9, 2026, the Clerk of the Ninth Court of Appeals notified the
parties that Poff had not filed a brief and advised the parties that her appeal would
be submitted without briefs unless by January 20, 2026, Poff filed a brief and a
motion to extend the deadline for filing her brief. We warned Poff that if the Court
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submitted her appeal without briefs, that the Court could dismiss her appeal for want
of prosecution.
On February 5, 2026, the Clerk notified the parties that on February 26, 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 the appeal for want of
prosecution. See id. 38.8(a)(1), 42.3(b), 43.2(f).
APPEAL DISMISSED.
PER CURIAM
Submitted on February 26, 2026
Opinion Delivered March 5, 2026
Before Golemon, C.J., Wright and Chambers, JJ.
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