Opinion
No. 04-13-00051-CV
07-11-2013
Norma GARZA, Appellant v. SAN ANTONIO WATER SYSTEM, Appellee
From the 408th Judicial District Court, Bexar County, Texas
Trial Court No. 2009-CI-12912
Honorable Solomon Casseb, III, Judge Presiding
ORDER
On June 7, 2013, this court granted appellant's second motion to extend time to file her brief. In that order, we advised appellant that any additional motions filed in this court must comply with Rule 10.1(a)(5) of the Texas Rules of Appellate Procedure, which requires that all motions filed in civil cases, except motions for rehearing and motions for en banc reconsideration, contain a certificate of conference stating that the filing party conferred, or made a reasonable attempt to confer, with all other parties about the merits of the motion and whether those parties opposed the motion. Tex. R. App. P. 10.1(a)(5). On July 3, 2013, appellant filed her third motion to extend time to file the brief. We granted the motion, but as appellee pointed out, the motion did not contain a certificate of conference. Moreover, the motion did not contain a certificate of service showing appellant has served the motion on all parties. See id. R. 9.5(a) (requiring party filing document to serve copy on all parties to proceeding). Appellant is advised that as a pro se litigant, she must comply with all applicable procedural rules, and is held to the same standards as a licensed attorney. Paselk v. Rabun, 293 S.W.3d 600, 611 (Tex. App.— Texarkana 2009, pet. denied); Sweed v. City of El Paso, 346 S.W.3d 679, 680 (Tex. App.—El Paso 2009, pet. denied).
Although we DENY appellee's request to strike appellant's third extension, with regard to all future motions filed in this court by appellant, we ORDER appellant to include the required certificate of conference, which requires her to confer with counsel for appellee, in all filings in which the certificate is required. If appellant does not include the required certificate of conference in future filings that require it, this court will strike the non-compliant filing and it will be as if it was never filed in this court. In addition, we ORDER appellant to serve all counsel with any and all future filings, including motions, briefs, etc., and include in the filing a certificate of service showing all counsel have been served with the specific filing. If appellant fails to include the certificate of conference or fails to actually serve opposing counsel with the document, we will strike the document and it will be as if it was never filed in this court.
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Marialyn Barnard, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 11th day of July, 2013.
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Keith E. Hottle
Clerk of Court