Opinion
No. 10-15-00358-CV
01-21-2016
HARVEY HARWELL, Appellant v. BELL INVESTMENT CORPORATION, Appellee
From the County Court at Law No. 1 McLennan County, Texas
Trial Court No. 20131507CV1
ORDER
By letter dated December 31, 2015, the Clerk of this Court notified appellant that his brief, filed on December 23, 2015, did not contain proper proof of service or a certificate of compliance stating the number of words in the brief as required by the Texas Rules of Appellate Procedure. TEX. R. APP. P. 9.5; 9.4(i)(3). Appellant was given 14 days from the date of the letter to provide a proper proof of service to the Court and a certificate of compliance for his brief. Appellant was also warned that the failure to provide either document may result in the Court striking his brief. Fourteen days have passed, and appellant has not filed a certificate of compliance for his brief although appellant did provide proof of service.
Because appellant has not fully complied with the Clerk's notice, the Court should strike appellant's brief. Id. 9.4(k) ("If a document fails to conform with these rules, the court may strike the document...."). Nevertheless, in the interest of expediting the disposition of the appeal, the Court uses Rule 2 of the Texas Rules of Appellate Procedure to suspend the rule requiring a certification of compliance. TEX. R. APP. P. 2.
Appellee's brief was filed on January 19, 2016.
PER CURIAM Before Chief Justice Gray, Justice Davis, and Justice Scoggins
Order issued and filed January 21, 2016