Opinion
No. 04-18-00725-CV
01-24-2019
Ebony JONES, Appellant v. DSRE CENTEX PARTNERS, Appellee
From the County Court At Law No. 10, Bexar County, Texas
Trial Court No. 2018CV03487
Honorable Karen Crouch, Judge Presiding
ORDER
Appellant's brief was due December 31, 2018. When no brief was filed, this court issued an order informing appellant that she was required to file her brief in this court on or before January 18, 2019 or we would dismiss the appeal for want of prosecution. On January 18, 2019, appellant filed a document in this court entitled "Notice of Appeal." In that document, appellant states, "I am appealing on the following grounds," and sets out particular complaints with regard to the substance of the appeal. Because the document appears to have been filed in response to our order and asserts "grounds" for appeal, we construe the document as appellant's brief. However, the brief fails to comply with the Texas Rules of Appellate Procedure, which govern briefs filed in the appellate courts because it does not contain:
1. "a complete list of all parties to the trial court's judgment or order appealed from, and the names and addresses of all trial and appellate counsel, except as otherwise provided in Rule 9.8" as required by Rule 38.1(a);
2. "a table of contents with references to the pages of the brief" that "indicate[s] the subject matter of each issue or point, or group of issues or points" as required by Rule 38.1(b);
3. "an index of authorities arranged alphabetically and indicating the pages of the brief where the authorities are cited" as required by Rule 38.1(c);
4. a statement of the case which "state[s] concisely the nature of the case (e.g., whether it is a suit for damages, on a note, or involving a murder prosecution), the course of the proceedings, and the trial court's disposition of the case" and which "should be supported by record references, should seldom exceed one-half page, and should not discuss the facts" as required by Rule 38.1(d);
5. a brief statement of the issues presented, setting out what errors were allegedly committed by the trial court as required by Rule 38.1(f);
6. a proper statement of facts that "state[s] concisely and without argument the facts pertinent to the issues or points presented." As required by Rule 38.1(f), "[t]he statement must be supported by record references."
7. "a succinct, clear, and accurate statement of the arguments made in the body of the brief as required by Rule 38.1(h);
8. an argument section that "contain[s] a clear and concise argument for the contentions made, with appropriate citations to authorities and to the record" as required by Rule 38.1(i);
9. "a short conclusion that clearly states the nature of the relief sought" as required by Rule 38.1(j);
10. an appendix as required by Rule 38.1(k);
11. a front cover that "contain[s] the case style, the case number, the title of the document being filed, the name of the party filing the document, and the name, mailing address, telephone number, fax number, if any, email address, and State Bar of Texas identification number of the lead counsel for the filing party" as required by Rule 9.4(g);
12. "a proof of service in the form of either an acknowledgement of service by the person served or a certificate of service" as required by Rules 9.5(a) and a 9.5(d); or
13. a certificate of compliance certifying that the brief contains fewer than "15,000 words if computer-generated, and 50 pages if not" as required by Rule 9.4(i)(2)(B).
Although substantial compliance with these Rules is generally sufficient, this court may order a party to amend, supplement, or redraw a brief if it flagrantly violates the Rules. See id. R. 38.9(a). We conclude that the formal defects described above constitute flagrant violations of Rules 38.1., 9.4, and 9.5.
Accordingly, we ORDER appellant's brief stricken and ORDER appellant to file an amended brief in this court on or before February 25, 2019. The amended brief must correct the violations listed above and fully comply with Rule 38.1, Rules 9.4(g) and (i), and Rules 9.5(a) and (d) of the Texas Rules of Appellate Procedure. See id. R. 9.4(g), (i); id. R. 9.5(a), (d), 38.1. 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 this court to dismiss 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, i.e., she is acting pro se. However, the law is clear that pro se litigants are held to the same standards as licensed attorneys and must comply with all applicable laws and rules of procedure. Shull v. United Parcel Serv., 4 S.W.3d 46, 52 (Tex. App.—San Antonio 1999, pet. denied).
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).
We order the clerk of this court to serve a copy of this brief on appellant and all counsel.
/s/_________
Beth Watkins, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 24th day of January, 2019.
/s/_________
KEITH E. HOTTLE,
Clerk of Court