Opinion
No. 05-05-00191-CV
Opinion Filed August 16, 2005.
On Appeal from the 14th Judicial District Court, Dallas County, Texas, Trial Court Cause No. 04-09700-A.
Dismiss.
Before Justices O'NEILL, RICHTER, and FRANCIS.
MEMORANDUM OPINION
A review of this appeal shows appellant filed her brief March 10, 2005. In a letter dated April 6, 2005, the Court informed appellant the brief was deficient because it did not comply with rule 38.1, sections (a), (b), (c), (d), (e), (f), (g) (h), (i) and (j). The Court notified appellant she had ten days from the date of the letter to file an amended brief correcting the deficiencies. Appellant did not do so. In a letter dated July 21, 2005, we again notified appellant her brief was deficient and instructed her to file eight copies of an amended brief correcting the deficiencies noted previously within ten days of the date of the second letter, along with a proper motion to extend time to file the briefs and the appropriate filing fee. We cautioned appellant that the failure to do so would result in this appeal being dismissed without further notice to appellant. On August 3, 2005, appellant filed an amended brief, but did not file a motion or the filing fee as instructed. A review of appellant's amended brief shows the amended brief still does not comply with the rules of appellate procedure. Specifically, the brief does not contain any page references to the appellate record, nor does it contain a clear and concise argument for the contentions made with appropriate citations to authorities or to the record. Although appellant included a table of contents and a table of citations, neither contains page numbers. None of the cases or statutes listed in the table of citations are cited or discussed in the brief. Appellant wholly failed to file an appendix and does not present her issues or points concisely. See Tex.R.App.P. 38.1. On August 8, 2005, appellee filed a letter, noting that appellant's amended brief failed to correct a majority of the deficiencies noted and asking that the Court strike her brief.
We conclude appellant's amended brief does not substantially comply with the rules of appellate procedure. See Tex.R.App.P. 38.9. Therefore, on the Court's own motion, we STRIKE appellant's August 3, 2005 amended brief as deficient. As there is no appellant's brief on file in this appeal, we DISMISS this appeal. See Tex.R.App.P. 38.8, 38.9 42.3.