Opinion
04-23-00077-CV
07-28-2023
Frank ARCHULETA, Appellant v. DAN REESE ET AL., Appellees
From the 225th Judicial District Court, Bexar County, Texas Trial Court No. 2020CI23833 Honorable Aaron Haas, Judge Presiding
Patricia O. Alvarez, Justice Beth Watkins, Justice Liza A. Rodriguez, Justice
ORDER
PER CURIAM
Appellant's brief violates rules 9.4 and 38.1 of the Texas Rules of Appellate Procedure. See TEX. R. APP. P. 9.4, 38.1. The brief's numerous defects include the following:
• the Statement of the Case is ten pages long, discusses the facts, includes arguments, and has no record references, contra id. R. 38.1(d);
• the Statement of Facts is one sentence that "adopts and argues all facts made in the statement of the case," yet the adopted facts contain arguments, and none of the asserted facts are supported by record references; contra id. R. 38.1(g);
• the Argument section consists of five sentences which contain no appropriate-or any-citations to authorities or to the appellate record, contra id. R. 38.1(i); and
• there is no Certificate of Compliance, contra id. R. 9.4(i)(3).
This court may order a party to amend, supplement, or redraw a brief if it flagrantly violates Rule 38. See id. R. 38.9(a). We conclude that the defects described above constitute flagrant violations of Rule 38.
Therefore, we strike Appellant's brief. See Lowry v. Tarbox, 537 S.W.3d 599, 619 (Tex. App.-San Antonio 2017, pet. denied); Bolling v. Farmers Branch Indep. Sch. Dist., 315 S.W.3d 893, 896 (Tex. App.-Dallas 2010, no pet.); Canton-Carter v. Baylor Coll. of Med., 271 S.W.3d 928, 931 (Tex. App.-Houston [14th Dist.] 2008, no pet.).
We order Appellant to file an amended brief within ten days of the date of this order. The amended brief must correct all the violations listed above and fully comply with the applicable rules. See, e.g., TEX. R. APP. P. 9.4, 9.5, 38.1. If the amended brief does not comply with this order, we "may strike the brief, prohibit [Appellant] from filing another, and proceed as if [Appellant] had failed to file a brief." See id. R. 38.9(a); see also id. R. 38.8(a) (authorizing this court to dismiss an appeal if an appellant fails to timely file a brief).
If Appellant timely files a brief that complies with this order, Appellees must file an amended brief waiver or an amended Appellees' brief within twenty days after Appellant's amended brief is filed. See TEX. R. APP. P. 38.6(B).
It is so ORDERED.