Unreported / Non-Citable
Background
Art Northcutt appealed to the Ninth Court of Appeals from a final judgment in an eviction suit. The appeal came from the County Court at Law No. 1 of Jefferson County, Texas, in Trial Cause No. 26CCCV0357. Northcutt filed his notice of appeal on May 19, 2026. JW Property Management, L.L.C. was the appellee. The memorandum opinion does not describe the underlying eviction proceedings, the parties’ arguments in the trial court, or which party prevailed on the merits below.
On September 16, 2026, the clerk of the Ninth Court notified the parties that Northcutt had not filed a brief. The clerk advised that the appeal would be submitted without briefs unless, by Monday, September 28, 2026, Northcutt filed both a brief and a motion to extend the briefing deadline. The court also warned Northcutt that submitting the appeal without briefs could result in dismissal for want of prosecution.
On October 8, 2026, the clerk notified the parties that the appeal would be submitted to the court on Thursday, October 29, 2026, without briefs and without oral argument. The opinion cites Texas Rule of Appellate Procedure 39.8 in connection with that submission.
The Court’s Holding
The court dismissed Northcutt’s appeal for want of prosecution. Its stated reason was that Northcutt had not filed a brief assigning error to any of the trial court’s rulings. The court cited Texas Rules of Appellate Procedure 38.8(a)(1), 42.3(b), and 43.2(f), and its judgment line states: “APPEAL DISMISSED.”
The opinion addresses only the appellate procedural default identified by the court. It does not review the eviction judgment, decide whether the trial court erred, or resolve any substantive dispute between Northcutt and JW Property Management. The dismissal followed the September notice and warning, the absence of a brief, and the scheduled submission without briefs or oral argument.
The memorandum opinion was issued per curiam. The appeal was submitted on October 29, 2026, and the opinion was delivered on November 5, 2026. The opinion identifies the panel as Golemon, C.J., and Johnson and Chambers, JJ.
Key Takeaways
- The Ninth Court dismissed Northcutt’s appeal for want of prosecution because he did not file a brief assigning error to the trial court’s rulings.
- Before dismissal, the clerk notified Northcutt of the missing brief, set a September 28 deadline for a brief and extension motion, and warned that submission without briefs could lead to dismissal.
- The court cited Texas Rules of Appellate Procedure 38.8(a)(1), 42.3(b), and 43.2(f), and also cited Rule 39.8 regarding submission.
- The opinion does not decide the merits of the eviction suit or state which party prevailed in the trial court.
Why It Matters
The disposition illustrates the Ninth Court’s application of the cited appellate rules to an appellant who, after notice and a warning, did not file a brief identifying trial-court error. The decision is tied to the procedural history described in the opinion; it does not announce that every late or omitted brief will automatically produce the same result regardless of circumstances.
For attorneys handling eviction appeals, the case underscores the importance of complying with appellate briefing requirements and responding to notices concerning submission without briefs. Because the court dismissed on procedural grounds, the opinion supplies no substantive analysis of eviction law or the validity of the underlying judgment.