Opinion
01-23-00446-CV
06-25-2024
Elizabeth Hudnall Lorenz v. Seven Dials Properties, LLC
Trial court: County Civil Court at Law No. 1 of Harris County, Trial court case number: 1184018.
Panel consists of Adams Chief Justice and Kelly and Goodman Justices.
ORDER
Peter Kelly, Justice.
Appellant Elizabeth Hudnall Lorenz filed a pro se brief on August 10, 2023. The brief failed to comply with Texas Rule of Appellate Procedure 38.1. In particular, the brief failed to include the following requirements:
• The brief must include the identity of all parties, their counsel, their firm or office name and mailing address, telephone number and mailing address;
• The brief must have a table of contents with page references;
• The brief must have an index of all authorities cited with page numbers there the authorities are cited;
• The brief must state concisely the nature of the case, the course of proceedings, and the trial court's disposition;
• The brief may include a statement whether oral argument should be granted or not
• The brief must state the issues presented for review;
• Although the brief appears to include a recitation of the facts in the case, these must contain references to the record that support the facts presented;
• The brief must contain a short summary of the arguments to be made in the body of the brief;
• The brief must contain a clear and concise argument for the contentions made together with citations to authority supporting those arguments; and
• The brief must contain a short prayer clearly stating the relief appellant seeks.See Tex. R. App. P. 38.1 (a), (b), (c), (d), (e), (f), (g), (h), (i), (j).
This Court struck Lorenz's brief and ordered her to file a corrected brief.
On September 27, 2023, Lorenz filed a corrected brief, which failed to comply with Texas Rule of Appellate Procedure 38.1 by failing to meet the following requirements:
• The brief must have an index of all authorities cited with page numbers where the authorities are cited;
• The brief must state concisely the nature of the case, the course of proceedings, and the trial court's disposition;
• The brief must state the issues presented for review;
• Although the brief appears to include a recitation of the facts in the case, these must contain references to the record that support the facts presented;
• The brief must contain a short summary of the arguments to be made in the body of the brief;
• The brief must contain a clear and concise argument for the contentions made together with citations to authority supporting those arguments; and
• The brief must contain a short prayer clearly stating the relief the appellant seeks.See Tex. R. App. P. 38.1 (c), (d), (f), (g), (h), (i).
Lorenz's corrected brief does not comply with the Texas Rule of Appellate Procedure 38.1. To the extent Lorenz wishes to file a brief that complies with the Texas Rules of Appellate Procedure, she is directed to file such corrected brief within ten days of the date of this order. See Tex. R. App. P. 38.7, 38.8. To the extent appellant fails to file a corrected brief as directed in this order, this appeal will be subject to dismissal. See Tex. R. App. P. 42.3(b), (c); see also Bennett v. Jenkins, No. 01-21-00557-CV, 2022 WL 3268531, at *2 (Tex. App-Houston [1st Dist] Aug. 11, 2022, no pet. h.) (per curiam) (dismissing appeal for want of prosecution where pro se appellant failed to file "corrected brief after Court struck brief for failure to comply with Texas Rule of Appellate Procedure 38.1).
It is so ORDERED.