Opinion
No. 04-17-00644-CV
05-11-2018
Edgardo BÁEZ and the Báez Law Firm, P.C., Appellants v. Gilberto VILLEGAS, Appellee
From the 37th Judicial District Court, Bexar County, Texas
Trial Court No. 2016CI02694
Honorable David A. Canales, Judge Presiding
ORDER
On May 10, 2018, Appellants Edgardo R. Báez and the Báez Law Firm, P.C. filed their 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 brief has the following defects.
• Insufficient Record Citations. The statement of facts includes only three citations to the record; no other part of the brief contains any citations to the record. Contra 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."); id. R. 38.1(d) ("[T]he statement [of the case] should be supported by record references . . . .").
• No Appendix. The brief does not include the required appendix. Contra id. R. 38.1(k).
• Improper Margins. At least ten pages in the argument section do not have a proper right margin, and it is unclear whether some text has been omitted. Contra id. R. 9.4(c) (requiring one-inch margins).
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 defects described above constitute flagrant violations of Rule 38.
Therefore, we STRIKE Appellants' brief and ORDER Appellants to file an amended brief within TEN DAYS of the date of this order. The amended brief must correct all 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 11th day of May, 2018.
/s/_________
KEITH E. HOTTLE,
Clerk of Court