Opinion
No. 05-16-01031-CV
09-22-2016
IRIS SIMMONS, Appellant v. ACE AMERICAN INSURANCE CO., Appellee
On Appeal from the 95th Judicial District Court Dallas County, Texas
Trial Court Cause No. DC-14-13319
ORDER
Before the Court is appellant's September 16, 2016 "motion to reinstate case." Appellant's motion is DENIED. Any arguments regarding the propriety of the trial court's judgment should be presented to the Court in appellant's brief.
Our records indicate that although the clerk's record has not been filed, appellant filed a brief on September 7, 2016. That brief does not comply with the requirements of rule 38 of the rules of appellate procedure. Specifically, the brief is deficient as follows:
___ It does not contain a complete list of all parties to the trial court's judgment or order appealed from, with the names and addresses of all trial and appellate counsel. TEX. R. APP. P. 38.1(a).
___ It does not contain a table of contents with references to the pages of the brief. TEX. R. APP. P. 38.1(b).
___ The table of contents does not indicate the subject matter of each issue or point, or group of issues or points. TEX. R. APP. P. 38.1(b).
___ It does not contain an index of authorities arranged alphabetically and indicating the pages of the brief where the authorities are cited. TEX. R. APP. P. 38.1(c).
___ It does not contain a concise statement of the case, the course of proceedings, and the trial court's disposition of the case supported by record references. TEX. R. APP. P. 38.1(d).
___ It does not concisely state all issues or points presented for review. TEX. R. APP. P. 38.1(f)
___ It does not contain a concise statement of the facts supported by record references. TEX. R. APP. P. 38.1(g).
___ It does not contain a succinct, clear, and accurate statement of the arguments made in the body of the brief. TEX. R. APP. P. 38.1(h).
___ The argument does not contain appropriate citations to authorities. TEX. R. APP. P. 38.1(i).
___ The argument does not contain appropriate citations to the record. TEX. R. APP. P. 38.1(i).
___ It does not contain a short conclusion that clearly states the nature of the relief sought. TEX. R. APP. P. 38.1(j).
___ Text of brief is not double spaced. TEX. R. APP. P. 9.4(d).
___ It does not contain a proper certificate of compliance. TEX. R. APP. P. 9.4(i)(3).
___ It does not contain a proper certificate of service. TEX. R. APP. P. 9.5(e)(2)(3).
Appellant's amended brief correcting these deficiencies is due within THIRTY DAYS after the date the clerk's record is filed. See TEX. R. APP. P. 38.6(a). We CAUTION appellant that failure to file an amended brief that complies with the Texas Rules of Appellate Procedure may result in the dismissal of this appeal without further notice. See TEX. R. APP. P. 38.8(a) (1).
/s/ ELIZABETH LANG-MIERS
JUSTICE