Opinion
01-23-00042-CV
12-05-2023
Norman Tarver v. Irene Ibarra and Robert Ibarra
Trial court: 335th District Court of Bastrop County Trial court case number: 29,295
ORDER
Richard Hightower, Judge
Appellant is proceeding pro se in this appeal. His brief filed on August 3, 2023 did not with Rule 38.1 in significant sections of the brief, and compliance with Rule 38.1 is mandatory. See Tex. R. App. P. 38.1. "[P]ro se litigants are held to the same standards as attorneys and must comply with all applicable and mandatory rules of pleading and procedure." DeMino v. Sheridan, 176 S.W.3d 359, 373 n. 17 (Tex. App.-Houston [1st Dist] 2004, no pet).
We issued an order on September 21, 2023, stating that appellant's brief was deficient in that the statement of the facts contained no citations to the record and the argument portion of the brief did not explain what arguments corresponded to which issues and there was no citation to the record in this section of the brief. Accordingly, we struck the brief and ordered appellant to file a corrected brief in compliance with Rule 38.1.
On October 23, 2023, appellant filed a corrected brief, but this brief failed to comply with our order of September 21, 2023. The corrected brief failed to include a statement of facts with citation to the record. Instead, the brief stated that he submitted a printed copy of the Bastrop County Court Open Case records. This is not in compliance with Rule 38.1((g) or this Court's order of September 21, 2023.
Moreover, the corrected brief fails to include corrections to the argument section of the brief in that it does not contain any citation to the record and fails to indicate which portions of the argument relate to the 11 issues he lists in the issues portion of the brief.
We strike the corrected brief filed on October 23, 2023, and order appellant to comply with this Court's order of September 21, 2023 by filing a corrected brief by December 15, 2023, that corrects the deficiencies listed in the order or the Court will dismiss this appeal.
It is so ORDERED.