Opinion
05-24-00333-CV
06-28-2024
IN THE INTEREST OF BABY GIRL S., A CHILD
On Appeal from the 330th Judicial District Court Dallas County, Texas Trial Court Cause No. DF-21-16023.
ORDER
KEN MOLBERG, JUSTICE.
Appointed counsel filed appellant Mother's brief on June 10, 2024. An appellant's brief must contain “a clear and concise argument for the contentions made, with appropriate citations to authorities and to the record.” TEX. R. APP. P. 38.1(i). Under this rule, “appellant's argument must make direct references to facts in the record and applicable legal authority,” and a brief fails under this rule “if references to facts or legal authority ‘are not made or are inaccurate, misstated, or misleading.'” Harris v. SRP TRS SUB, LLC, No. 05-17-01323-CV, 2018 WL 2057584, at *1 (Tex. App.-Dallas May 3, 2018, no pet.) (mem. op.).
Here, appellant's brief misstates the record and attributes testimony and evidence relating to the child at issue in companion case In the Interest of E.S., Child, cause number 05-24-00332-CV, to the child at issue in this appeal. See Appellant's Br. at 2, 3, 6. Because appellant's brief does not meet the requirements of rule 38, we STRIKE appellant's brief filed on June 10, 2024. We ORDER appointed counsel to file a brief compliant with rule 38, and all other applicable rules, no later than July 12, 2024. The Department's brief shall be due 17 days thereafter, on July 29, 2024.