Opinion
04-24-00565-CV
11-15-2024
IN THE INTEREST OF D.Z.C., a Child,
From the 454th Judicial District Court, Medina County, Texas Trial Court No. 15-03-6698-CCL Honorable Kelley Kimble, Judge Presiding.
REBECA C. MARTINEZ, CHIEF JUSTICE, LUZ ELENA D. CHAPA, IRENE RIOS, BETH WATKINS, LIZA A. RODRIGUEZ, LORI I. VALENZUELA, LORI MASSEY BRISSETTE, JUSTICES.
Enclosed please find the order which the Honorable Court of Appeals has issued in reference to the above styled and numbered cause.
If you should have any questions, please do not hesitate to contact me. Very truly yours, LUZ ESTRADA, Chief Deputy Clerk _ Luz Estrada Chief Deputy Clerk, Ext. 3219
ORDER
Lori A. Valenzuela, Justice.
On October 31, 2024, we struck Appellant's brief for failing to comply with requirements of the Texas Rules of Appellate Procedure. See, e.g., TEX. R. APP. P. 38.1. We ordered Appellant to file an amended brief that fully complied with the applicable rules. See id. R. 9.4, 9.5, 38.1.
Appellant timely filed an amended brief, but it does not fully comply with the applicable rules. For example, appellant failed to provide citations to the clerk's record. Given the citation and other defects, the amended brief does not include Rule-compliant versions of 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.
(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.
(j) Prayer: a short conclusion that clearly states the nature of the relief sought.
(k) An appendix.
The brief also violates Texas Rules of Appellate Procedure 9.4 and 9.5, which govern the 'Form" and "Service" of briefs.
We recognize appellant is acting pro se on appeal. But "a pro se litigant is held to the same standards as licensed attorneys and must comply with applicable laws and rules of procedure." Strange v. Cont'l Cas. Co., 126 S.W.3d 676, 677 (Tex. App.-Dallas 2004, pet. denied). Nevertheless, despite the amended brief's defects, we are not ordering appellant to file a second amended brief. However, the submission panel may determine that appellant has waived one or more issues due to inadequate briefing if the noted deficiencies are not corrected prior to submission. See Canton-Carter v. Baylor Coll. of Med., 271 S.W.3d 928, 931 (Tex. App.- Houston [14th Dist.] 2008, no pet.) (briefing waiver).
Appellees' brief is due no later than December 16, 2024. See TEX. R. APP. P. 38.6(b).