Opinion
Court of Appeals Number: 05-14-00321-CV
10-06-2014
Style: Mittie Fleming DBA v. Subway Restaurant, 1309 Main St, LLC and Buscom Group, LLC
JUSTICES DAVID L. BRIDGES MICHAEL J. O'NEILL KERRY P. FITZGERALD MOLLY FRANCIS DOUGLAS S. LANG ELIZABETH LANG-MIERS ROBERT M. FILLMORE LANA MYERS DAVID EVANS DAVID LEWIS ADA BROWN CRAIG STODDART Mittie Fleming
PO Box 225603
Dallas, TX 75222
* DELIVERED VIA E-MAIL *
Trial Court Case Number: DC-13-00683
The appellant's brief filed in the above referenced cause does not satisfy the requirements of Rule 38 of the Texas Rules of Appellate Procedure. Specifically, the brief is deficient as follows: ___ It does not contain a complete list of all parties to the trial courts' judgment or appealable order with the names and addresses of all trial and appellate counsel. TEX. R. APP. P. 38.1(a). ___ It does not contain a table of contents with references to the pages of the brief. TEX. R. APP. P. 38.1(b). x The table of contents does not indicate the subject matter of each issue or point, or group of issues or points. TEX. R. APP. P. 38.1(b). ___ It does not contain an index of authorities arranged alphabetically and indicating the pages of the brief where the authorities are cited. TEX. R. APP. P. 38.1(c). x It does not contain a concise statement of the case, the course of proceedings, and the trial court's disposition of the case supported by record references. TEX. R. APP. P. 38.1(d). ___ It does not concisely state all issues or points presented for review. TEX. R. APP. P. 38.1(f). x It does not contain a concise statement of the facts supported by record references. TEX. R. APP. P. 38.1(g). x It does not contain a succinct, clear, and accurate statement of the arguments made in the body of the brief. TEX. R. APP. P. 38.1(h). ___ The argument does not contain appropriate citations to authorities. TEX R. APP. P. 38.1(i). x The argument does not contain appropriate citations to the record. TEX. R. APP. P. 38.1(i). ___ It does not contain a short conclusion that clearly states the nature of the relief sought. TEX. R. APP. P. 38.1(j). ___ Text of brief is not double spaced. TEX. R. APP. P. 9.4(d). ___ Text of brief is not proper size. TEX. R. APP. P. 9.4(e). ___ It does not contain a proper certificate of service. TEX. R. APP. P. 9.5(e)(2)(3). ___ Documents in appendix must be redacted to remove name of child. TEX. R. APP. P. 9.8(b). ___ Documents in appendix must be redacted to remove name of parent. TEX. R. APP. P. 9.8(b). x One or more of the following is omitted from the appendix. Tex. R. App. P. 38.1(k).
x The trial court's judgment. Tex. R. App. P. 38.1(k)(1)(A).x Failure to file an amended brief that compiles with the Texas Rules of Appeallate Procedure within 10 days of the date of this letter may result in dismissal of this appeal without further notice from the Court. See Tex. R. App. P. 38.8(a)(1), 42.3(b),(c)
x The jury charge and verdict, if any, or the trial court's findings of fact and conclusions of law, if any. Tex. R. App. P. 38.1(k)(1)(B).
x The text of any rule, regulation, ordinance, statute, constitutional provision, or other law (excluding case law) on which the argument is based. Tex. R. App. P. 38.1(k)(1)(C).
x The text of any contract or other document that is central to the argument. Tex. R. App. P. 38.1(k)(1)(C).
Respectfully,
/s/ Lisa Matz, Clerk of the Court cc: Dan D. McClain (DELIVERED VIA E-MAIL)