Opinion
No. 04-13-00315-CV
05-31-2013
Gary A. CAMPBELL, Appellant v. Deborah S. CARRASCO, Appellee
From the 37th Judicial District Court, Bexar County, Texas
Trial Court No. 2013-CI-01147
Honorable Michael E. Mery, Judge Presiding
ORDER
On May 28, 2011, appellant filed a pro se document entitled "Appellant's Brief," citing rule 37.3(c) of the Texas Rules of Appellate Procedure. Appellant's brief is due thirty days after a complete appellate record is filed and must comply with Rule 38.1 of the Texas Rules of Appellate Procedure, which includes a requirement that the brief contain citations to the appellate record. See TEX. R. APP. P. 38.1, 38.6. On May _______, 2011, this court issued an order construing a prior document filed by appellant as an affidavit of indigence and requiring a response to be filed by the trial court clerk or the court reporter if either intends to contest the affidavit. Since the filing of the appellate record remains pending in this appeal, the document filed by appellant, if intended as appellant's brief, is premature and fails to comply with Rule 38.1. It is therefore ORDERED that the document is STRICKEN without prejudice to appellant filing an appellant's brief in compliance with Rule 38.1 after this court has determined that the appellate record is complete.
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Catherine Stone, Chief Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 31st day of May, 2013.
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Keith E. Hottle
Clerk of Court