Opinion
No. 04-16-00087-CV
07-25-2016
Guamnetta M. BRIGGS, Appellant v. BANK OF AMERICA AND FEDERAL NATIONAL MORTGAGE ASSOCIATION, Appellee
From the 408th Judicial District Court, Bexar County, Texas
Trial Court No. 2010-CI-13120
Honorable Karen H. Pozza, Judge Presiding
ORDER
The appellant's brief has been filed. Although only substantial compliance with Texas Rule of Appellate Procedure 38 is required, we may order a party to amend, supplement, or redraw a brief if it flagrantly violates Rule 38. See Tex. R. App. P. 38.9(a). "[P]ro se litigants are not exempt from the rules of procedure." Pena v. McDowell, 201 S.W.3d 665, 667 (Tex. 2006). The court has determined that the following briefing defects described constitute flagrant violations of Rule 38.1:
the brief does not identify the parties and counsel, Tex. R. App. P. 38.1(a);
the brief does not contain a table of contents, Tex. R. App. P. 38.1(b);
the brief does not contain an index of authorities, Tex. R. App. P. 38.1(c);
the statement of the case is not supported by record references, Tex. R. App. P. 38.1(d);
the statement of facts is not supported by record references, Tex. R. App. P. 38.1(g);
the brief does not state concisely all issues or points presented for review, Tex. R. App. P. 38.1(f)
the brief does not contain a summary of the argument, Tex. R. App. P. 38.1(h);
the brief does not include a clear and concise argument for the contentions made, Tex. R. App. P. 38.1(i);
the argument does not contain appropriate citations to authorities and to the record, Tex. R. App. P. 38.1(i);
the brief does not contain a conclusion stating the nature of the relief sought, Tex. R. App. P. 38.1(j); and
the brief does not contain a certificate of service, as required by Rule 9.5, acknowledging that appellant served a copy of the document on all parties to the proceeding. Tex. R. App. P. 9.5(a),(d),(e).
We order appellant Guamnetta Briggs to file an amended brief by August 15, 2016. If a timely amended brief that corrects these deficiencies is not filed, we "may strike the brief, prohibit appellant from filing another, and proceed as if appellant had failed to file a brief." See TEX. R. APP. P. 38.9(a). This may include dismissal of this appeal for want of prosecution. Id. R. 38.8(a)(1). Elizondo v. City of San Antonio, 975 S.W.2d 61, 63 (Tex. App.—San Antonio 1998, no pet.).
/s/_________
Luz Elena D. Chapa, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 25th day of July, 2016.
/s/_________
Keith E. Hottle
Clerk of Court