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In re J.A.C.

Court of Appeals of Texas, Fifth District, Dallas
Jul 18, 2024
No. 05-23-00717-CV (Tex. App. Jul. 18, 2024)

Opinion

05-23-00717-CV

07-18-2024

IN THE INTEREST OF J.A.C., A CHILD


On Appeal from the 255th Judicial District Court Dallas County, Texas Trial Court Cause No. DF-23-03532

Before Chief Justice Burns and Justices Molberg and Nowell

MEMORANDUM OPINION

ERIN A. NOWELL, JUSTICE

On March 8, 2024, we notified appellant, who is proceeding pro se, that his brief failed to comply with rule 38.1 of the Texas Rules of Appellate Procedure. See Tex. R. App. P. 38.1. We listed numerous defects in the brief, including that it did not contain proper citations either to the record or to authorities. We instructed appellant to file an amended brief correcting the deficiencies within ten days. We later extended the time to file his amended brief. On May 6, 2024, appellant filed an amended brief addressing some of the deficiencies, but not all. Like appellant's initial brief, appellant's amended brief does not contain any citations to the record. We are not responsible for searching the record for facts that may be favorable to a party's position. Bolling v. Farmers Branch Indep. Sch. Dist., 315 S.W.3d 893, 895 (Tex. App-Dallas 201, no pet.)(citing Fredonia State Bank v. Gen. Am. Life Ins. Co., 881 S.W.2d 279, 283-284 (Tex. 1994)).

The purpose of an appellant's brief is to acquaint the Court with the issues in a case and to present argument that will enable us to decide the case. See Tex. R. App. P. 38.9. The right to appellate review extends only to complaints made in accordance with our rules of appellate procedure, which require an appellant to concisely articulate the issues we are asked to decide, to make clear, concise, and specific arguments in support of appellant's position, to cite appropriate authorities, and to specify the pages in the record where each alleged error can be found. See Tex. R. App. P. 38.1; Lee v. Abbott, No. 05-18-01185-CV, 2019 WL 1970521, at *1 (Tex. App-Dallas May 3, 2019, no pet.) (mem. op.); Bolling, 315 S.W.3d at 895.

Even liberally construing appellant's amended brief, we conclude that it is wholly inadequate to present any questions for appellate review and is in flagrant violation of rule 38.1. See Tex. R. App. P. 38.1; Bolling, 315 S.W.3d at 895. Further, although directed to correct all deficiencies, appellant has failed to do so.

Under these circumstances, we strike appellant's amended brief and dismiss this appeal for want of prosecution. See Tex. R. App. P. 38.9(a); 42.3(b),(c).

JUDGMENT

In accordance with this Court's opinion of this date, this appeal is DISMISSED.

Judgment entered July 18, 2024


Summaries of

In re J.A.C.

Court of Appeals of Texas, Fifth District, Dallas
Jul 18, 2024
No. 05-23-00717-CV (Tex. App. Jul. 18, 2024)
Case details for

In re J.A.C.

Case Details

Full title:IN THE INTEREST OF J.A.C., A CHILD

Court:Court of Appeals of Texas, Fifth District, Dallas

Date published: Jul 18, 2024

Citations

No. 05-23-00717-CV (Tex. App. Jul. 18, 2024)