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Edwards v. Burton

Court of Appeals of Texas, Fourth District, San Antonio
Jan 26, 2022
No. 04-21-00433-CV (Tex. App. Jan. 26, 2022)

Opinion

04-21-00433-CV

01-26-2022

Patricia Brown EDWARDS, Appellant v. Mayra Brown BURTON, Appellee


From the 438th Judicial District Court, Bexar County, Texas Trial Court No. 2021CI16821 Honorable Martha B. Tanner, Judge Presiding

Sitting: Rebeca C. Martinez, Chief Justice, Patricia O. Alvarez, Justice, Lori I. Valenzuela, Justice

MEMORANDUM OPINION

PER CURIAM

On December 16, 2021, this court received appellant's brief. The brief violated the Texas Rules of Appellate Procedure in that it:

1. did not provide a complete list of all parties and counsel, see Tex. R. App. P. 38.1(a);
2. did not contain a table of contents, see Tex. R. App. P. 38.1(b);
3. did not contain an index of authorities, see Tex. R. App. P. 38.1(c);
4. did not contain a statement of the case, see Tex. R. App. P. 38.1(d);
5. did not contain issues presented, see Tex. R. App. P. 38.1(f);
6. did not contain a statement of facts, see Tex. R. App. P. 38.1(g);
7. did not contain any citations to the record, see Tex. R. App. P. 38.1(g), (i);
8. did not contain a summary of the argument, see Tex. R. App. P. 38.1(h);
9. did not contain clear and concise argument with citations to legal authority, see Tex. R. App. P. 38.1(i);
10. did not contain a short conclusion clearly stating the nature of the relief sought, see Tex. R. App. P. 38.1(j);
11.did not contain an appendix including the necessary contents required by the Rules, see Tex. R. App. P. 38.1(k);
12. did not comply with the form requirements for briefs, see Tex. R. App. P. 9.4; and
13. did not certify proof of service, see Tex. R. App. P. 9.5(d)-(e).

Because of these deficiencies, on December 20, 2021, we ordered appellant's brief stricken and further ordered appellant to file an amended brief in compliance with the Texas Rules of Appellate Procedure no later than January 19, 2022. Our order cautioned appellant that if she did not file an amended brief in compliance with the Texas Rules of Appellate Procedure, this appeal would be dismissed for want of prosecution. See Tex. R. App. P. 38.9, 42.3.

On January 19, 2022, appellant filed an amended brief. Because appellant's amended brief violates the Texas Rules of Appellate Procedures in the same respects as appellant's original brief, we dismiss this appeal for want of prosecution. See Tex. R. App. P. 38.9, 42.3.


Summaries of

Edwards v. Burton

Court of Appeals of Texas, Fourth District, San Antonio
Jan 26, 2022
No. 04-21-00433-CV (Tex. App. Jan. 26, 2022)
Case details for

Edwards v. Burton

Case Details

Full title:Patricia Brown EDWARDS, Appellant v. Mayra Brown BURTON, Appellee

Court:Court of Appeals of Texas, Fourth District, San Antonio

Date published: Jan 26, 2022

Citations

No. 04-21-00433-CV (Tex. App. Jan. 26, 2022)