Opinion
No. 10-05-00424-CV
Opinion delivered and filed August 9, 2006.
Appeal from the 19th District Court, McLennan County, Texas, Trial Court No. 2005-1377-1.
Appeal dismissed.
Before Cheif Justice GRAY, Justice VANCE, and, Justice REYNA.
MEMORANDUM OPINION
A brief for Appellant, Sam McCants, was filed on May 25, 2006. By letter from the Clerk of this Court, McCants was notified that the brief was stricken because it failed "to contain a clear and concise argument for the issues presented with appropriate citations to authorities and to the record." TEX. R. APP. P. 38.1(h). McCants was ordered to redraw his brief and file a brief compliant with Rule 38.1 of the Texas Rules of Appellate Procedure within 30 days from the date of the Order. McCants was also warned that if he filed another brief that was not compliant with Rule 38.1, "the Court will strike the brief and dismiss the appeal." Id. 38.9(a), 38.8(a)(1).
Another brief for McCants was filed on July 10, 2006. The substance of the new brief is only slightly different than that of the stricken brief in that an extra ½ page is added to the "Summary of the Argument." The new brief, being substantially the same as the stricken brief, is also not compliant with Rule 38.1.
Therefore, the brief filed on July 10, 2006, is stricken and McCants is prohibited from filing another brief, and we will proceed as if McCants had failed to file a brief. TEX. R. APP. P. 38.9(a).
Because we are proceeding as if no brief has been filed by McCants after McCants had been given notice and the opportunity to cure the defect, the appeal is dismissed for want of prosecution. Tex.R.App.P. 38.8(a)(1); and 44.3.