Opinion
NO. 02-15-00012-CV
05-26-2016
ARTURO F. DE LA MORA APPELLANT v. NORMA E. DE LA MORA APPELLEE
FROM THE 158TH DISTRICT COURT OF DENTON COUNTY
TRIAL COURT NO. 2011-20611-158 MEMORANDUM OPINION
Appellant Arturo F. De La Mora appeals from an enforcement order requiring him to deliver certain personal property to Appellee Norma E. De La Mora and awarding Norma a money judgment against him. Although Arturo filed a brief, he wholly failed to comply with Texas Rule of Appellate Procedure 38.1. See Tex. R. App. P. 38.1(a)-(k). In multiple communications, this court notified Arturo of the deficiencies in his brief and warned him that the failure to file an amended brief complying with rule 38.1 could result in the striking of his brief. See Tex. R. App. P. 38.9(a). Arturo failed to file an amended brief. Because Arturo's appellant's brief filed on June 12, 2015, wholly fails to comply with rule 38.1, we order it stricken, and we proceed as if Arturo had failed to file a brief. See Tex. R. App. P. 9.4(k), 38.1, 38.9(a).
The appellate rules provide that if an appellant fails to file a brief, but an appellee files a brief, the appellate court may regard the appellee's brief as correctly presenting the case and may affirm the trial court's judgment upon that brief without examining the record. See Tex. R. App. P. 38.8(a)(3).
Here, Norma filed a brief. We therefore consider her brief as correctly presenting the case and affirm the trial court's judgment. See id.; HSBC Bank USA, N.A. v. Watson, 377 S.W.3d 766, 769 (Tex. App.—Dallas 2012, pet. dism'd) (affirming judgment based on appellee's brief when appellant failed to file a brief); PopCap Games, Inc. v. MumboJumbo, LLC, 350 S.W.3d 699, 715 (Tex. App.—Dallas 2011, pet. denied) (same).
PER CURIAM PANEL: WALKER, MEIER, and GABRIEL, JJ. DELIVERED: May 26, 2016
See Tex. R. App. P. 47.4.