Opinion
NUMBER 13-18-00151-CV NUMBER 13-18-00358-CV
04-17-2019
HARALD THIEL AND HEATHER THIEL, Appellants, v. PETER MICHAEL ZAVALETTA, FRED W. RUSTENBERG, CHARLES WILLETTE JR., DIANNE M. BARTECK, AND INTERNATIONAL BANK OF COMMERCE, Appellees.
On appeal from the County Court at Law No. 2 of Cameron County, Texas
ORDER
Before Chief Justice Contreras and Justices Benavides and Hinojosa
Order Per Curiam
Appellants, Harald Thiel and Heather Thiel, appearing pro se, have filed a brief in these causes. On February 26, 2019, the Clerk of this Court notified appellants that the brief failed to comply with Texas Rules of Appellate Procedure 9.4(h) and 38.1(d), (g), (i), and (k), and requested that appellants file an amended brief within ten days of that notice. This Court has previously granted appellants five extensions of time totaling 32 days to file an amended brief. Pending before this Court is appellants' sixth and seventh motions for extension of time to file amended brief. Appellants now seek until April 25, 2019 to file an amended brief.
We liberally construe pro se pleadings and briefs; however, we hold pro se litigants to the same standards as licensed attorneys and require them to comply with applicable laws and rules of procedure. Mansfield State Bank v. Cohn, 573 S.W.2d 181, 184-85 (Tex. 1978); In re N.E.B., 251 S.W.3d 211, 211-12 (Tex. App.—Dallas 2008, no pet.). To do otherwise would give a pro se litigant an unfair advantage over a litigant who is represented by counsel. Shull v. United Parcel Serv., 4 S.W.3d 46, 53 (Tex. App.—San Antonio 1999, pet. denied).
Upon review of the appellants' brief, we find that the brief contains numerous formal defects and that the case has not been properly presented. See TEX. R. APP. P. 38.9. Specifically, (1) the statement of the case should be supported by record references as required by Rule 38.1(d); (2) the statement of facts must be supported by record references as required by Rule 38.1(g); and (3) the argument does not contain a clear and concise argument for the contentions made, with appropriate citations to the authorities and to the record as required by Rule 38.1(i). Record references containing the volume and page number should be made to the reporter's record and clerk's record. Furthermore, an electronically filed appendix that contains more than one item must contain bookmarks to assist in locating each item and should be combined with the brief as one computer file, unless that file would exceed the size limit prescribed by the electronic filing manager. See TEX. R. APP. P. 9.4(h), (j)(4).
Accordingly, under the authority of Texas Rule of Appellate Procedure 38.9(a) and (b), we STRIKE appellant's brief. We grant appellants' sixth and seventh motions for extension of time to file an amended brief. Appellants are hereby ORDERED to file an amended brief with this Court that complies with the above rules on or before April 25, 2019.
If appellants file an amended brief that fails to comply with this order of the Court and the Texas Rules of Appellate Procedure, the Court may strike the brief, prohibit appellant from filing another, and proceed as if appellant had failed to file a brief. See id. 38.9(a). Under such circumstances, the Court may dismiss the appeal for want of prosecution and appellant's failure to comply with this Court's directive and the appellate rules. See id. 38.8(a)(1), 42.3(b), (c).
IT IS SO ORDERED.
PER CURIAM Delivered and filed the 17th day of April, 2019.