Opinion
No. 04-19-00723-CV
07-02-2020
IN THE INTEREST OF W.A.F., a Child
Form the 131 Judicial District Court, Bexar County, Texas Trial Court No. 2017-CI-15404
Honorable Norma Gonzalez, Judge Presiding
ORDER
Sitting: Irene Rios, Justice Beth Watkins, Justice Liza A. Rodriguez, Justice
This court received appellant's brief on May 15, 2020. Rule 38.1 of the Texas Rules of Appellate Procedure sets out the requirements for an appellant's brief. See TEX. R. APP. P. 38.1. Appellant's brief does not comply with Rule 38.1 in that it does not contain:
(1) the identity of parties and counsel;See id. R. 38.1(a) (requiring a complete list of all parties to the judgment and the names and addresses of all trial and appellate counsel); R. 38.1(b) (requiring a table of contents); R. 38.1(c) (requiring an index of legal authorities); R. 38.1(d) (requiring a concise statement of the nature of the case, the course of proceedings, and the trial court's disposition of the case); R. 38.1(f) (requiring a concise statement of the issues presented for appellate review); R. 38.1(g) (requiring a statement of facts with appellate record references); R. 38.1(h) (requiring a succinct summary of the argument presented in the body of the brief); R. 38.1(i) (requiring an argument section with appropriate citations to legal authorities and the appellate record); R. 38(j) (requiring a prayer or short conclusion stating the relief sought); and R. 38.1(k) (requiring an appendix that contains a copy of the judgment challenged on appeal).
(2) a table of contents;
(3) an index of legal authorities;
(4) a proper statement of the case;
(5) a brief statement of the issues presented, setting out what errors were allegedly committed by the trial court;
(6) a statement of facts with references to the appellate record;
(7) a proper summary of the argument;
(8) a proper legal argument with appropriate citations to legal authorities and to the appellate record;
(9) a short prayer or conclusion stating the nature of the relief sought; or
(10) an appendix containing a copy of the judgment challenged on appeal.
Additionally, the Texas Rules of Appellate Procedure require that any document presented for filing in the appellate court contain proof of service in the form of either an acknowledgment of service by the person served or a certificate of service establishing the document has been served on all parties to the proceeding or their attorneys if they are represented by counsel. See id. R. 9.5(a). Here, appellant's brief does not contain the required proof of service. See id. R. 9.5(d).
Finally, appellant's brief improperly refers to the minor children by their names instead of redacting most of the letters and using only the children's initials. Rule 9.9 of the Texas Rules of Appellate Procedure requires the redaction of the children's name to protect the children's privacy. See id. R. 9.9 (requiring the filing party to redact sensitive data, including the name of any person who was a minor when the lawsuit was filed, from documents filed in the court of appeals).
Although substantial compliance with Rule 38.1 is generally sufficient, we may order a party to amend, supplement, or redraw a brief if it flagrantly violates Rule 38.1. See id. R. 38.9(a). We conclude that the formal defects described above constitute flagrant violations of Rule 38.1, Rule 9.5, and Rule 9.9. Accordingly, we ORDER appellant's brief stricken. We FURTHER ORDER appellant to file an amended brief in this court on or before July 31, 2020.
Any amended brief filed by appellant must correct the violations listed above and fully comply with Rule 38.1, Rule 9.5, and Rule 9.9 of the Texas Rules of Appellate Procedure. If the amended brief does not comply with this order, we "may strike the brief, prohibit [appellant] from filing another, and proceed as if [appellant] had failed to file a brief." See id. R. 38.9(a); see also id. R. 38.8(a) (authorizing the appellate court to dismiss an appeal if appellant fails to timely file brief). Even if we do not strike the brief and prohibit appellant from filing another brief, we may find that any issues raised by appellant are waived due to inadequate briefing and overrule those issues. See, e.g., Marin Real Estate Partners v. Vogt, 373 S.W.3d 57, 75 (Tex. App.—San Antonio 2011, no pet.).
We recognize that appellant represents herself on appeal. However, the law is clear that pro se litigants are held to the same standards as licensed attorneys and must comply with all applicable rules of procedure, including the rules governing appellate briefs. Valadez v. Avitia, 238 S.W.3d 843, 845 (Tex. App.—El Paso 2007, no pet.). A pro se litigant is required to properly present her case on appeal just as she is required to properly present her case to the trial court. Id. Accordingly, we will not apply different standards merely because an appeal is brought by a litigant acting without advice of counsel. Id.
If appellant timely files a brief that complies with this order, appellee's brief will be due thirty days after appellant's brief is filed. See TEX. R. APP. P. 38.6(b).
/s/_________
Irene Rios, Justice
IN WITNESS WHEROF, I have here unto set my hand and affixed the seal of the said court on this 2 day of July, 2020.
/s/_________
Michael A. Cruz