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Garza v. Garza

Court of Appeals of Texas, Fourth District, San Antonio
Aug 4, 2021
No. 04-21-00114-CV (Tex. App. Aug. 4, 2021)

Opinion

04-21-00114-CV

08-04-2021

Zulema GARZA, Appellant v. Zulema J. GARZA, Jose Juan Garza, III, Andres Garza, Alejandro Garza, and Gabriel Garza, Appellees


From the 49th Judicial District Court, Webb County, Texas Trial Court No. 2020-CVK-002209-D1 Honorable Joe Lopez, Judge Presiding

ORDER

BETH WATKINS, JUSTICE

The current deadline for appellant's brief is July 30, 2021. On July 31, 2021, appellant filed a document she described as an "incomplete" brief and a letter requesting a two-week extension of time to file the remaining portions of her brief. We construe appellant's letter as both a motion for extension of time and a motion for leave to amend her brief. After consideration, we GRANT appellant's motion and ORDER her to file an amended brief by September 1, 2021. We remind appellant that pro se litigants are held to the same standards as licensed attorneys and are required to comply with the Texas Rules of Appellate Procedure, including the rules regarding the contents of an appellant's brief. See Tex.R.App.P. 38.1. We caution appellant that a brief that does not comply with the Texas Rules of Appellate Procedure is subject to being stricken by this court.

We further note that neither of appellant's July 31, 2021 filings contain a certificate of service indicating appellant served those documents on appellees or their attorney. We therefore ORDER appellant to provide written proof by August 9, 2021 that she has served her July 31, 2021 filings on appellees' attorney. See Tex. R. App. P. 9.5(a) ("Service on a party represented by counsel must be made on that party's lead counsel."). We remind appellant that "[a]t or before the time of a document's filing, the filing party must serve a copy on all parties to the proceeding" and "[a] document presented for filing must contain a proof of service in the form of either an acknowledgment of service by the person served or a certificate of service." Id. R. 9.5(a), (d).

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 4th day of August, 2021.


Summaries of

Garza v. Garza

Court of Appeals of Texas, Fourth District, San Antonio
Aug 4, 2021
No. 04-21-00114-CV (Tex. App. Aug. 4, 2021)
Case details for

Garza v. Garza

Case Details

Full title:Zulema GARZA, Appellant v. Zulema J. GARZA, Jose Juan Garza, III, Andres…

Court:Court of Appeals of Texas, Fourth District, San Antonio

Date published: Aug 4, 2021

Citations

No. 04-21-00114-CV (Tex. App. Aug. 4, 2021)