Opinion
No. 04-13-00134-CV
11-21-2013
Fred BEEBE, Appellant v. CITY OF SAN ANTONIO through its agent, City Public Service Board of San Antonio d/b/a CPS Energy, Appellee
From the 166th Judicial District Court, Bexar County, Texas
Trial Court No. 2009-CI-08789
Honorable Martha B. Tanner, Judge Presiding
ORDER
On November 12, 2013, this court received appellant's brief. The brief violates Texas Rule of Appellate Procedure 9.4 in that the text is not double-spaced. See TEX. R. APP. P. 9.4(d). Further, the brief violates Rule 38.1 in that the appendix does not contain the final judgment signed by the trial court. See TEX. R. APP. P. 38.1(k)(1)(A). Finally, the brief violates Rule 39.7 in that a request for oral argument must appear on the front cover of the brief. See TEX. R. APP. P. 39.7.
While substantial compliance with Rule 38 is sufficient, this court may order a party to amend, supplement, or redraw a brief if it flagrantly violates Rule 38. See TEX. R. APP. P. 38.9. We conclude that the formal defects described above constitute flagrant violations of Rule 38.
We, therefore, ORDER appellant to file an amended brief within fifteen days from the date of this order. If the amended brief does not correct the violations, we may strike the brief and prohibit appellant from filing another. See TEX. R. APP. P. 38.9(a); 9.4(j) see also id. 42.3(c) (allowing dismissal of appellant's case if appellant fails to comply with a requirement of the Texas Rules of Appellate Procedure or an order of this court).
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Rebeca C. Martinez, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 21st day of November, 2013.
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Keith E. Hottle
Clerk of Court