Opinion
No. 04-13-00245-CV
10-29-2013
IN THE INTEREST OF C.G.
From the 45th Judicial District Court, Bexar County, Texas
Trial Court No. 2012-PA-01992
The Honorable Martha B. Tanner, Judge Presiding
ORDER
Sitting: Sandee Bryan Marion, Justice
Marialyn Barnard, Justice
Rebeca C. Martinez, Justice
This is an accelerated appeal of the trial court's order terminating appellants' parental rights. Appellees are represented on appeal by Mr. Matt Sossi. On October 28, 2013, Mr. Sossi filed an appellate brief that does not comply with the Texas Rules of Appellate Procedure because it does not (1) contain any citation to the clerk's record or (2) an Argument that "contain[s] a clear and concise argument for the contentions made, with appropriate citations to authorities and the record." Citations to documents contained in the appendix are not appropriate citations to the "record." Further, if the appendix contains documents that are not part of the clerk's record, this court will not consider those documents.
Substantial compliance with Rule 38 is sufficient. TEX. R. APP. P. 38.9. However, if Rule 38 has been flagrantly violated, this court may require a brief to be amended, supplemented, or redrawn. TEX. R. APP. P. 38.9(a). If another noncomplying brief is filed, the court may strike the brief, prohibit the party from filing another, and proceed as if the party had failed to file a brief. Id. If an appellee fails to timely file a brief, the appellate court may submit the appeal for consideration without the benefit of an appellee's brief.
Because appellees' brief does not comply with Rule 38, we hereby STRIKE the brief and ORDER Mr. Sossi to file an amended brief that complies with these rules no later than November 12, 2013.
The Clerk of this court shall cause a copy of this order to be served on Mr. Sossi by certified mail, return receipt requested, and by regular United States mail.
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Sandee Bryan Marion, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 29th day of October, 2013.
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Keith E. Hottle
Clerk of Court