Opinion
01-23-00753-CV
06-27-2024
Donny W. Nevels v. Starboard Dylan MT LLC, Lincoln Property Company and RCM ArchCo Dylan Phase 1, LLC
Trial court: 17th District Court of Tarrant County Trial court case number: 017-332372-22
ORDER
PETER KELLY JUDGE
Appellant Donny W. Nevels filed an amended pro se brief on March 25, 2024. The brief fails to comply with Texas Rule of Appellate Procedure 38.1. In particular, the brief failed to include the following requirements:
• The brief must give a complete list of all parties to the trial court's judgment or order appealed from. The brief must also give a complete list of the names of all counsel appearing in the trial court appellate courts; their firm or office name at the time of the appearance; and, for counsel currently appearing, their mailing address, telephone number, and email address. Tex.R.App.P. 38.1(a).
• The brief must have an index of authorities arranged alphabetically and indicating the pages of the brief where the authorities are cited. Id. 38.1(c).
• The brief must state concisely the nature of the case, the course of proceedings, and the trial court's disposition of the case. The statement should be supported by record references, should seldom exceed one half-page, and should not discuss the facts. Id. 38.1(d).
• The brief must state concisely all issues or points presented for review. Id. 38.1(f).
• The brief must state concisely and without argument the facts pertinent to the issues or points presented. The statement must be supported by record references. Id. 38.1(g).
• The brief must contain a succinct, clear, and accurate statement of the arguments made in the body of the brief. This summary must not merely repeat the issues or points presented for review. Id. 38.1(h).
• The brief must contain a clear and concise argument for the contentions made, with appropriate citations to authorities and to the record. Id. 38.1(i).
• The brief must contain a short conclusion that clearly states the nature of the relief sought. Id. 38.1(j).
• Unless voluminous or impracticable, the appendix must contain a copy of the trial court's judgment or other appealable order from which relief is sought. Id. 38.1(k)(1).
Because appellant's brief fails to include most of the requirements of Texas Rule of Appellate Procedure 38.1, the brief is stricken. If appellant wishes to file a brief that complies with the Texas Rules of Appellate Procedure, he must file such corrected brief within ten days of the date of this order. See Tex. R. App. P. 38.7, 38.8. To the extent appellant fails to file a corrected brief as directed in this order, this appeal will be subject to dismissal. See Tex. R. App. P. 42.3(b),(c); see also Bennett v. Jenkins, No. 01-21-00557-CV, 2022 WL 3268531, at *2 (Tex. App-Houston [1st Dist] Aug. 11, 2022, no pet.) (mem. op.) (per curiam) (dismissing appeal for want of prosecution where pro se appellant failed to file "corrected brief after Court struck brief for failure to comply with Texas Rule of Appellate Procedure 38.1).
It is so ORDERED.