Opinion
No. 04-16-00189-CV
07-22-2016
Maryann CASTRO, Appellant v. MLB SUB I, LLC, Appellee
From the County Court, Atascosa County, Texas
Trial Court No. 4343
Honorable Lynn Ellison, Judge Presiding
ORDER
On July 18, 2016, appellants Maryann Castro and Manuel Castro, representing themselves, filed their appellate brief. 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 unsigned, two-page brief (with a forty-three page appendix) does not include the following:
Identity of Parties and Counsel,See id. No part of the brief contains any citations to the record. See id. R. 38.1(g) ("The statement [of facts] must be supported by record references."); id. R. 38.1(i) ("The brief must contain . . . appropriate citations . . . to the record."). The brief recites alleged facts and complaints but fails to present any legal arguments. See id. ("The brief must contain a clear and concise argument for the contentions made . . . ."). The brief also fails to cite any authorities. See id. (requiring "appropriate citations to authorities").
Table of Contents,
Index of Authorities,
Statement of the Case,
Any Statement Regarding Oral Argument,
Statement of Facts,
Summary of the Argument,
Argument, or
Prayer.
This court may order a party to amend, supplement, or redraw a brief if it flagrantly violates Rule 38. See id. R. 38.9(a). We conclude that the formal defects described above constitute flagrant violations of Rule 38.
Therefore, we STRIKE Appellants' brief and ORDER appellants Maryann Castro and Manuel Castro to file an amended brief within TEN DAYS of the date of this order. The amended brief must correct all of 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 [Appellants] from filing another, and proceed as if [Appellants] had failed to file a brief." See id. R. 38.9(a); see also id. R. 38.8(a) (authorizing this court to dismiss an appeal if an appellant fails to timely file a brief).
If Appellants timely file a brief that complies with this order, Appellee's brief will be due thirty days after Appellants' brief is filed. See TEX. R. APP. P. 38.6(b).
/s/_________
Patricia O. Alvarez, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 22nd day of July, 2016.
/s/_________
Keith E. Hottle
Clerk of Court