Opinion
No. 04-13-00311-CV
07-01-2013
Jesus CASTILLO, Appellant v. David PEEPLES, Appellee
From the 111th Judicial District Court, Webb County, Texas
Trial Court No. 2012-CVQ-001355-D2
J. Manuel Banales, Judge Presiding
ORDER
Appellant filed his brief on June 24, 2013. The brief does not comply with Rule 38.1 of the Texas Rules of Appellate Procedure. See TEX. R. APP. P. 38.1. Specifically, the brief violates Texas Rule of Appellate Procedure 38 in that it does not: (1) identify the parties and counsel; (2) include a table of contents; (3) include an index of authorities; (4) include a brief statement of the issues presented; (5) include a statement of facts with record references; (6) include argument with appropriate citation to authorities and the appellate record; (7) include a prayer stating the nature of the relief sought; or (8) include an appendix. See id. R. 38.1(a) (requiring identity of parties and counsel), 38.1(b) (requiring table of contents), 38.1(c) (requiring index of authorities), 38.1(f) requiring statement of issues presented, 38.1(g) (requiring statement of facts with record reference), 38.1(i) (requiring argument with appropriate citation to authority and record; 38.1(j) (requiring prayer stating nature of relief sought), 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). Moreover, appellant's brief and complaint therein is not addressed to the only appealable order in the record, which is the trial court's order granting appellee's plea to the jurisdiction.
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 July 11, 2013. The amended brief must correct the violations listed above and fully comply with the applicable rules. See, e.g., id. R. 9.4, 9.5, 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).
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).
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Marialyn Barnard, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 1st day of July, 2013.
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Keith E. Hottle
Clerk of Court