Opinion
04-23-00320-CV
05-01-2023
Anthony ROHLF, Appellant v. MARIA E. IBARRA, ET AL, Appellees
From the 81st Judicial District Court, Karnes County, Texas Trial Court No. 22-05-00081-CVK Honorable Russell Wilson, Judge Presiding
ORDER
LORI I. VALENZUELA, JUSTICE
On April 24, 2023, this court received appellant's pro se brief. The clerk's record in this appeal is due on May 5, 2023 and the reporter's record was due on April 17, 2023. Because the full appellate record has not yet been filed, the brief violates Texas Rule of Appellate Procedure 38.1 in that it does not contain, under appropriate headings and in the order here indicated, the following:
(1) Identity of Parties and Counsel.
(2) Statement of the Case: the brief must state concisely and without argument the facts pertinent to the issues or points presented. In a civil case, the court will accept as true the facts stated unless another party contradicts them. The statement must be supported by record references. [Emphasis added]
(3) Statement of Facts: the brief must state concisely and without argument the facts pertinent to the issues or points presented. In a civil case, the court will accept as true the facts stated unless another party contradicts them. The statement must be supported by record references. [Emphasis added]
(4) Argument: a clear and concise argument for the contentions made, with appropriate citations to authorities and to the record. [Emphasis added]
The brief also violates Texas Rules of Appellate Procedure 9.4 and 9.5, which govern the 'Form" and "Service" of briefs.
It is therefore ORDERED that the brief filed by the appellant is STRICKEN from our record. It is FURTHER ORDERED that appellant file an amended brief in compliance with the Texas Rules of Appellate Procedure no later than thirty days after the clerk's record and reporter's record is filed.