Opinion
No. 04-16-00084-CV
05-23-2016
Garnet BLAKEMAN, Appellant v. Art GUZMAN, Appellee
From the County Court, Guadalupe County, Texas
Trial Court No. 2012-GC-0010
Honorable Linda Z. Jones, Judge Presiding
ORDER
Appellant's brief was originally due April 21, 2016, and appellant failed to timely file her brief. On April 27, 2016, we ordered appellant to file her brief on or before May 9, 2016 along with a written response reasonably explaining her failure to timely file the brief. Appellant filed her brief on May 6, 2016 along with a response explaining she was unable to timely file her brief as a result of an eye surgery. However, the brief does not comply with Rules 9.4 or 38.1 of the Texas Rules of Appellate Procedure. See R. 9.4 and 38.1. Specifically, the brief violates Texas Rule of Appellate Procedure 9.4 and 38.1 in that it does not contain:
(1) a statement of facts with record references;See id. R. 9.4(i)(3) (requiring certificate stating number of words in document); 38.1(g) (requiring statement of facts with record references); and 38.1(k) (requiring appendix with copy of judgment or other appealable order, any jury charge and verdict form, any findings of fact and conclusions of law, and text of applicable rules, regulations, ordinances, statutes, constitutional provisions, or other law on which argument is based, or any contract or other document central to argument).
(2) certificate of compliance; or
(2) an appendix.
Although substantial compliance with Rule 38.1 is generally sufficient, this court may order a party to amend, supplement, or redraw a brief if it flagrantly violates Rule 38.1. See id. R. 38.9(a). We conclude that the formal defects described above constitute flagrant violations of Rule 38.1.
Accordingly, we ORDER appellant's brief stricken and ORDER appellant to file an amended brief in this court on or before June 22, 2016. The amended brief must correct the violations listed above and fully comply with Rule 38.1 of the Texas Rules of Appellate Procedure. See R. 38.1. If the amended brief does not comply with this order, we "may 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 appeal if appellant fails to timely file brief). Even if we do not strike the brief and prohibit appellant from filing another brief, we may find that any issues raised by appellant are waived due to inadequate briefing, and overrule those issues. See, e.g., Marin Real Estate Partners v. Vogt, 373 S.W.3d 57, 75 (Tex. App.—San Antonio 2011, no pet.).
If appellant timely files a brief that complies with this order, appellee's brief will be due thirty days after appellant's brief is filed. See TEX. R. APP. P. 38.6(b).
/s/_________
Marialyn Barnard, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 23rd day of May, 2016.
/s/_________
Keith E. Hottle
Clerk of Court