Opinion
04-24-00018-CV
04-29-2024
Frank HERRERA, Appellant v. INVERTERRA HOLDINGS, LLC, Appellee
From the 438th Judicial District Court, Bexar County, Texas Trial Court No. 2023CI00438 Honorable Nadine Melissa Nieto, Judge Presiding
ORDER
Lori I. Valenzuela, Justice
On April 24, 2024, this court received appellant's pro se brief. The brief violates Texas Rule of Appellate Procedure 38.1 in that it does not contain, under appropriate headings and in the order here indicated, the following:
(c) Index of Authorities.
(d) Statement of the Case: the brief must state concisely and without argument the facts pertinent to the issues or points presented. In a civil case, the court will accept as true the facts stated unless another party contradicts them. The statement must be supported by record references.
(e) Any Statement Regarding Oral Argument.
(f) Issues Presented: the brief must state concisely all issues or points presented for review. The statement of an issue or point will be treated as covering every subsidiary question that is fairly included.
(g) Statement of Facts: the brief must state concisely and without argument the facts pertinent to the issues or points presented. In a civil case, the court will accept as true the facts stated unless another party contradicts them. The statement must be supported by record references.
(h) Summary of the Argument: a succinct, clear, and accurate statement of the arguments made in the body of the brief. This summary must not merely repeat the issues or points presented for review.
(i) Argument: a clear and concise argument for the contentions made, with appropriate citations to authorities and to the record.
The brief also violates Texas Rules of Appellate Procedure 9.4 and 9.5, which govern the 'Form" and "Service" of briefs.
It is therefore ORDERED that the brief filed by the appellant is STRICKEN from our record. It is FURTHER ORDERED that appellant file an amended brief in compliance with the Texas Rules of Appellate Procedure no later than May 29, 2024 or this appeal will be dismissed for want of prosecution. See Tex. R. App. P. 38.9, 42.3.