Opinion
14-21-00595-CV
02-15-2022
SHERRY BANKS FAULKNER, Appellant v. AMANDA H. JOHNSON, Appellee
On Appeal from the Probate Court Galveston County, Texas Trial Court Cause No. PR-0079124.
Panel consists of Wise, Poissant, and Wilson, Justices.
MEMORANDUM OPINION
PER CURIAM
This appeal is from a judgment signed October 1, 2021. The clerk's record was filed November 29, 2021. The reporter's record was filed November 24, 2021. No brief was filed.
On January 6, 2022, this court issued an order stating that unless appellant filed a brief on or before February 7, 2022, the court would dismiss the appeal for want of prosecution. See Tex. R. App. P. 42.3(b). Appellant filed a brief that was returned for non-compliance with Rule 9.9 of the Texas Rules of Appellate Procedure. Nearly one month later, on February 4, 2022, appellant filed a letter notifying this court that a document was filed containing sensitive data, pursuant to Rule 9.9(d) of the Texas Rules of Appellate Procedure. According to the letter, the sensitive data in the brief that was returned is a copy of someone else's birth certificate and cannot be redacted because it contains proof essential to appellant's claims. Appellant did not attempt to re-file the brief with the sensitive data unredacted and the proper notification pursuant to Rule 9.9(d). No brief has been filed.
We note that if the document in the brief is not in the record before this court, it cannot be considered on appeal.
We dismiss the appeal.