Opinion
09-24-00307-CV
11-21-2024
LOUIS GALYNSKY, Appellant v. JANEICE THOMAS, Appellee
On Appeal from the 457th District Court Montgomery County, Texas Trial Cause No. 24-01-00801-CV.
Before Golemon, C.J., Johnson and Chambers, JJ.
ORDER
PER CURIAM
On September 27, 2024, the Clerk of the Court notified the parties that Appellant Louis Galynsky had not filed the docketing statement. See Tex. R. App. P. 32. Galynsky filed the Brief of the Appellant on November 5, 2024, without having filed the docketing statement. On November 19, 2024, Appellee Janeice Thomas filed a motion to dismiss the appeal. Thomas argues the appeal should be dismissed because Appellant (1) failed to file a docketing statement and (2) failed to serve Appellee with a copy of Brief of the Appellant. See id. 9.5. Galynsky attached a certificate of service to the Brief of the Appellant but the email address in the certificate does not correspond to the email address of Thomas's lead counsel as indicated in Thomas's original answer in the trial court as well as the information provided by the district clerk when it forwarded the Notice of Appeal to this Court. After Thomas filed her motion to dismiss the appeal, Galynsky placed repeated and harassing telephone calls to the Clerk of the Court of Appeals.
The Brief of the Appellant is defective in that it does not include a certificate of service that shows that he served a copy of the brief on Thomas's appellate counsel. When a brief suffers from a formal defect, the Court may require the brief to be redrawn. See id. 38.9.
It is therefore ORDERED that Appellant Louis Galynsky file a redrawn brief that includes a certificate of service that proves he served a copy of the Brief of the Appellant on counsel for Appellee. See id. 9.5(d).
It is further ORDERED that Louis Galynsky file a docketing statement. See id. 32.
It is further ORDERED that all communications with the Court of Appeals or the Clerk of the Court by Louis Galynsky be made in writing and filed by mail, fax, or through the eFileTexas.gov electronic filing system.
The redrawn Brief of the Appellant and the docketing statement are due December 2, 2024. If Appellant fails to correct the defect in the Brief of the Appellant or fails to file a docketing statement by December 2,2024, the appeal will be subject to dismissal for want of prosecution without further notice or order of the Court. Appellee's Motion to Dismiss remains pending before the Court.