Opinion
NUMBER 13-16-00436-CV
12-14-2016
JOSE GUADALUPE HINOJOSA AND SANDRA SALINAS HINOJOSA, Appellants, v. DANIEL SANDOVAL AND ABIGAIL SANDOVAL, Appellees.
On appeal from the 139th District Court of Hidalgo County, Texas
ORDER
Before Justices Rodriguez, Garza, and Longoria
OrderPer Curiam
This cause is before the Court on the record and appellants' brief. Appellants' brief was received on October 12, 2016. On October 12, 2016, the Clerk of the Court notified appellants that the brief failed to comply with Texas Rules of Appellate Procedure 38.1(c),(f),(h), 9.1(a),(c), 9.4(j)(4), 9.4(h), 9.4(j)(1), and 9.5(e). Accordingly, we directed appellants to file an amended brief that complies with these rules within ten days from the date of the notice. Appellants' counsel did not respond and on October 31, 2016, the Clerk of the Court sent a second notice informing counsel that an amended brief had not been filed. Counsel responded by filing a letter stating "after reviewing rules and my brief, I don't see where my brief fails to comply."
Upon review of the appellants' brief, we find that the brief contains numerous formal defects and that the case has not been properly presented. See TEX. R. APP. P. 38.9. In particular, (1) the brief does not conform to the requirements of Texas Rule of Appellate rule 38.1(c) as the index of authorities is not arranged alphabetically and does not indicate the pages of the brief where the authorities are cited; (2) the statement of the case is not supported by record references as required by rule 38.1(d); (3) the brief does not state concisely all issues or points presented for review as required by rule 38.1(f); (4) the statement of facts does not contain record references as required by rule 38.1(g); (5) there is not a summary of the argument as required by rule 38.1(h); (6) the argument does not contain citations to authorities and to the record as required by rule 38.1(i); (7) the brief is not signed by counsel as required by rule 9.1; (8) the brief should be combined with the appendix into one computer file, unless that file would exceed the size limit prescribed by the electronic filing manager as required by rule 9.4(j)(4); (9) the brief must be in text-searchable portable document format (PDF) as required by rule 9.4(j)(1); and (10) the brief must be accompanied by a certificate of service signed by the person who made the service and must state the date and manner of service, the name and address of each person served, and if the person served is a party's attorney, the name of the party represented by that attorney as required by rule 9.5(e). Additionally, because the appendix includes more than one item, it must contain bookmarks as required by rule 9.4(h).
Accordingly, under the authority of Texas Rule of Appellate Procedure 38.9(a) and (b), we STRIKE appellants' brief and ABATE this matter to allow appellant to redraw his brief.
Appellant is hereby ORDERED to file an amended brief with this Court that complies with the above rules within fifteen days from the date of this order. If appellant files an amended brief that fails to comply with this order of the Court and the Texas Rules of Appellate Procedure, the Court may strike the brief, prohibit appellant from filing another, and proceed as if appellant had failed to file a brief. See id. 38.9(a). Under such circumstances, the Court may dismiss the appeal for want of prosecution and appellants' failure to comply with this Courts directive and the appellate rules. See id. 38.8(a)(1), 42.3(b),(c).
This appeal will be reinstated upon the expiration of fifteen days from the date of this order, or the date that appellants' amended brief is filed, whichever occurs first.
It is so ordered.
PER CURIAM Delivered and filed this the 14th day of day of December, 2016.