Opinion
NO. 14-16-01000-CV
07-13-2017
LEDARRE V. ZIEGLER, Appellant v. REGIONS BANK D/B/A REGIONS MORTGAGE, Appellee
On Appeal from the 151st District Court Harris County, Texas
Trial Court Cause No. 2015-47834
MEMORANDUM OPINION
On May 22, 2017, appellant LeDarre V. Ziegler tendered a brief that did not comply with the Texas Rules of Appellate Procedure. This court struck the brief and returned it to appellant for correction. See Tex. R. App. P. 9.4(i) (permitting court to return nonconforming documents for correction). On June 19, 2017, appellant submitted another nonconforming brief. Appellant's amended brief was identical to the original brief with the exception of the addition of two pages. In the additional pages appellant noted the nature of the case, the trial court's disposition, summarized the argument, and listed seven issues for review. The issues raised are not supported by authority or argument in appellant's brief. Appellant's amended brief also fails to comply with the briefing requirements set forth in Texas Rule of Appellate Procedure 38.1. Most significantly, appellant has failed to make any legal arguments to support reversal of the judgment, and the brief contains no citations to the record. Tex. R. App. P. 38.1(h).
If a party files a brief that does not comply with the rules, and that party files an amended brief that likewise does not comply with the rules, as in this case, "the court may strike the brief, prohibit the party from filing another, and proceed as if the party had failed to file a brief." Tex. R. App. P. 38.9(a). Although we liberally construe briefs, appellant has not substantially complied with the briefing rules. See Harkins v. Dever Nursing Home, 999 S.W.2d 571, 573 (Tex. App.—Houston [14th Dist.] 1999, no pet.) (citing Tex. R. App. P. 38.9)).
Because appellant has not filed an amended brief in compliance with Rule 38, we proceed as if appellant has failed to file a brief. See Tex. R. App. P. 38.9. Under these circumstances, we dismiss the appeal for want of prosecution. See Tex. R. App. P. 38.8(a)(1); Harkins, 999 S.W.2d at 573.
PER CURIAM Panel consists of Chief Justice Frost and Justices Jamison and Busby.