From Casetext: Smarter Legal Research

Drake v. Willing

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
May 1, 2015
NO. 03-14-00665-CV (Tex. App. May. 1, 2015)

Opinion

NO. 03-14-00665-CV

05-01-2015

Eric Drake, Appellant v. Seanna Willing, Appellee


FROM THE DISTRICT COURT OF TRAVIS COUNTY, 200TH JUDICIAL DISTRICT
NO. D-1-GN-14-001215, HONORABLE CHARLES R. RAMSAY, JUDGE PRESIDING
ORDER

PER CURIAM

Appellant Eric Drake, appearing pro se, has filed a notice of appeal and a brief with this Court. However, Drake's appellate brief, including his statement of facts, exceeds the maximum length based on word count established by Rule 9.4(i). Tex. R. App. P. 9.4(i)(1), (2)(B) (computer-generated brief and response filed in appellate court must not exceed 15,000 words). Accordingly, Drake is ordered to file an amended brief complying with the rules of appellate procedure on or before May 15, 2015. If Drake fails to comply with this order, this Court may strike appellant's brief and dismiss this appeal. See id. R. 38.9.

Rule 9.4(i)(1) specifies which portions of the brief must be counted for the purpose of determining compliance with Rule 9.4's length limitations. Tex. R. App. P. 9.4(i)(1). A "statement of procedural history" contained in a petition for discretionary review to the Court of Criminal Appeals of Texas is excluded from that word count. See id. R. 9.4(i)(1), 68.4(e). However, a brief's "statement of facts" section is not excluded. See id. R. 9.4(i)(1), 38.1.

It is so ordered this first day of May, 2015. Before Chief Justices Rose, Justices Goodwin and Field


Summaries of

Drake v. Willing

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
May 1, 2015
NO. 03-14-00665-CV (Tex. App. May. 1, 2015)
Case details for

Drake v. Willing

Case Details

Full title:Eric Drake, Appellant v. Seanna Willing, Appellee

Court:TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

Date published: May 1, 2015

Citations

NO. 03-14-00665-CV (Tex. App. May. 1, 2015)