Opinion
No. 04-18-00433-CV
08-30-2018
IN THE INTEREST OF I.I.C., A CHILD
From the 45th Judicial District Court, Bexar County, Texas
Trial Court No. 2017CI23702
Honorable Laura Salinas, Judge Presiding
ORDER
On August 10, 2018, after the brief deadline passed and no brief or motion for extension of time to file a brief was filed, we ordered Appellant Martin Chukwumah to file his appellant's brief not later than August 27, 2018. See TEX. R. APP. P. 38.6(a).
Appellant, representing himself, timely filed a response explaining the delay in filing his brief, and his brief. Appellant's motion is GRANTED; his brief is deemed timely received.
Appellant's handwritten, four-page brief merely recites alleged facts pertaining to his ex-wife; it closes with a request for an injunction against his ex-wife and a prayer for general relief.
Appellant's brief does not comply with Rule 38.1 of the Texas Rules of Appellate Procedure. See TEX. R. APP. P. 38.1. Specifically, the brief does not include the following:
• Identity of Parties and Counsel,See id. The brief has these additional defects.
• Table of Contents,
• Index of Authorities,
• Statement of the Case,
• Issues Presented,
• Summary of the Argument,
• Argument, or
• an Appendix (that complies with the Rules).
• No part of the brief contains any citations to the record. Contra id. R. 38.1(g) ("The statement [of facts] must be supported by record references."); id. R. 38.1(i) ("The brief must contain . . . appropriate citations . . . to the record.").
• The three pages of the brief that may be construed as a statement of facts recite
alleged facts and complaints, but the brief does not state how the trial court erred and on what legal basis this court should reverse the trial court's judgment. Contra id. ("The brief must contain a clear and concise argument for the contentions made . . . .").
• The brief does not recite the standard of review; it does not contain an index of authorities, and it contains no citations to rules or statutes, or any references to case law. Contra id. (requiring "appropriate citations to authorities").
This court may order a party to amend, supplement, or redraw a brief if it flagrantly violates Rule 38. See id. R. 38.9(a). We conclude that the defects described above constitute flagrant violations of Rule 38.
Therefore, we STRIKE Appellant's brief and ORDER Appellant Martin Chukwumah to file an amended brief within FIFTEEN DAYS of the date of this order. The amended brief must correct all of the violations listed above and fully comply with the applicable rules. See, e.g., id. R. 9.4, 9.5, 38.1. If the amended brief does not comply with this order, we "may strike the brief, prohibit [Appellant] from filing another, and proceed as if [Appellant] had failed to file a brief." See id. R. 38.9(a); see also id. R. 38.8(a) (authorizing this court to dismiss an appeal if an appellant fails to timely file a brief).
If Appellant timely files a brief that complies with this order, Appellee's brief will be due thirty days after Appellant's brief is filed. See TEX. R. APP. P. 38.6(b).
Appellee's motion to require Appellant to file an amended brief is MOOT.
/s/_________
Patricia O. Alvarez, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 30th day of August, 2018.
/s/_________
KEITH E. HOTTLE,
Clerk of Court