Opinion
01-24-00448-CV
11-05-2024
MD Ebrahim Chowdhury v. Cottonwood Regatta H LLC
Trial court: County Civil Court at Law No. 4 of Harris County, Trial court case number: 1228041
ORDER
Julie Countiss, Judge
Appellant, MD Ebrahim Chowdhury, proceeding pro se, has filed a notice of appeal. On October 29, 2024, appellant filed his appellant's brief. The brief does not comply with Texas Rule of Appellate Procedure 38.1. See Tex. R. App. P. 38.1. Among other things, appellant's brief:
• Does not properly identify all parties and counsel;
• Does not include a table of contents that "indicate[s] the subject matter of each issue or point, or group of issues or points";
• Does not include an index of authorities;
• Does not "state concisely the nature of the case," "the course of the proceedings, and the trial court's disposition of the case," "supported by record references";
• Does not "state concisely all issues or points presented for review";
• Does not "state concisely and without argument the facts pertinent to the issues or points presented," "supported by record references";
• Does not "contain a clear and concise argument for the contentions made, with appropriate citations to authorities and to the record"; and
• Does not include an appendix with the necessary contents.Tex. R. App. P. 38.1(a), (b), (c), (d), (f), (g), (i), (k). Appellant's brief also does not comply with Texas Rule of Appellate Procedure 9.4. See Tex. R. App. P. 9.4.
The appellate briefing requirements are mandatory. M&E Endeavors LLC v. Air Voice Wireless LLC, Nos. 01-18-00852-CV, 01-19-00180-CV, 2020 WL 5047902, at *7 (Tex. App.- Houston [1st Dist.] Aug. 17, 2020, no pet.) (mem. op.); see also Bolling v. Farmers Branch Indep. Sch. Dist., 315 S.W.3d 893, 896 (Tex. App.-Dallas 2010, no pet.) ("Only when we are provided with proper briefing may we discharge our responsibility to review the appeal and make a decision that disposes of the appeal one way or the other."). A pro se litigant is held to the same standard as a licensed attorney and must comply with all applicable laws and rules of procedure. See Green v. Kaposta, 152 S.W.3d 839, 841 (Tex. App-Dallas 2005, no pet.).
Because appellant's brief does not comply with the Texas Rules of Appellate Procedure, we strike appellant's brief filed on October 29, 2024. We order appellant to file a corrected brief that complies with Texas Rules of Appellate Procedure The deadline for filing the corrected brief is thirty days from the date of this order
If appellant's corrected brief does not comply with the Texas Rules of Appellate Procedure, the Court may strike the corrected brief, prohibit appellant from filing another, proceed as if appellant has failed to file a brief, and dismiss the appeal. See Tex. R. App. P. 38.8(a)(1), 38.9(a), 42.3, 43.2(f); see, e.g., Archer v. Finlay, No. 13-21-00359-CV, 2022 WL 1415679, at *1 (Tex. App-Corpus Christi-Edinburg May 5, 2022, no pet.) (mem. op.) (dismissing appeal where appellant's brief failed to comply with Texas Rules of Appellate Procedure 9.4 and 38.1); Tucker v. Fort Worth W. R.R. Co., No. 02-19-00221-CV, 2020 WL 3969586, at *1 (Tex. App-Fort Worth June 18, 2020, pet. denied) (mem. op.) (where appellant ordered to file amended brief but amended brief still did not comply with Texas Rules of Appellate Procedure, striking amended brief and dismissing appeal for want of prosecution); Tyurin v. Hirsch & Westheimer, P.C., No. 01-17-00014-CV, 2017 WL 4682191, at *1 (Tex. App-Houston [1st Dist] Oct. 19, 2017, no pet.) (mem. op.); Petty v. Petty, No. 13-14-00051-CV, 2014 WL 5500459, at *1 (Tex. App- Corpus Christi-Edinburg Oct. 30, 2014, pet. denied) (mem. op.) (striking appellant's amended brief and dismissing appeal because of failure to comply with Texas Rule of Appellate Procedure 38.1). If appellant fails to timely file his corrected brief, the Court may also dismiss his appeal. See Tex. R. App. P. 38.8(a), 42.3, 43.2(f).
Appellee's brief, if any, will be due thirty days from the date appellant's corrected brief is filed. See Tex. R. App. P. 38.6(b).
It is so ORDERED.