Opinion
04-21-00215-CV
01-05-2022
Johnny VASQUEZ, Appellant v. Sonia SOTELLO, Appellee
From the County Court at Law No. 3, Bexar County, Texas Trial Court No. 2021CV00358 Honorable David J. Rodriguez, Judge Presiding
Sitting: Patricia O. Alvarez, Justice Luz Elena D. Chapa, Justice Irene Rios, Justice
MEMORANDUM OPINION
PER CURIAM.
In this appeal of a judgment in a forcible detainer case, no reporter's record was taken. After the clerk's record was filed, Appellant filed his brief on November 24, 2021, but Appellant's brief did not comply with Rule 38.1 of the Texas Rules of Appellate Procedure. See Tex. R. App. P. 38.1. Specifically, the brief had, among others, the following defects:
• the Statement of Facts has no citations to the clerk's record, contra id. R. 38.1(g); and
• the three-sentence Argument section does not contain any citations to authorities or to the clerk's record, contra id. R. 38.1(i).
We concluded that the defects described above constituted flagrant violations of Rule 38. See id. R. 38.9(a). On November 30, 2021, we struck Appellant's brief, and we ordered Appellant to file an amended brief-that corrected all the noted defects and fully complied with the applicable rules-not later than December 10, 2021. See, e.g., id. R. 9.4, 9.5, 38.1.
We cautioned Appellant that if the amended brief did not comply with our order, we could "strike the brief, prohibit [Appellant] from filing another, and proceed as if [Appellant] had failed to file a brief." See id.R. 38.9(a); see also id. R. 38.8(a) (authorizing this court to dismiss an appeal if an appellant fails to timely file a brief).
On December 7, 2021, Appellant's counsel filed a change of address letter, but otherwise Appellant has not filed any response to our November 30, 2021 order. Therefore, we dismiss this appeal for want of prosecution. See Tex. R. App. P. 38.8(a)(1), 38.9(a), 42.3(b), (c).