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Macinnes v. Butts

Court of Appeals Fifth District of Texas at Dallas
Dec 15, 2014
No. 05-14-00248-CV (Tex. App. Dec. 15, 2014)

Opinion

No. 05-14-00248-CV

12-15-2014

CONNIE MARIE MACINNES, Appellant v. DEBORAH BUTTS AND DARLENE CRANDALL, Appellees


On Appeal from the 162nd Judicial District Court Dallas County, Texas
Trial Court Cause No. DC-12-03784-I

MEMORANDUM OPINION

Before Justices Bridges, Lang-Miers, and Myers
Opinion by Justice Myers

Before the Court is appellees' motion to dismiss the appeal. Appellees contend the appeal should be dismissed because appellant, appearing pro se, has failed to file a brief that complies with the rules of appellate procedure. See TEX. R. APP. P. 38.1.

Initially, we must note that a pro se litigant is held to the same standards as licensed attorneys and must comply with applicable laws and rules of procedure. See Strange v. Cont'l Cas. Co., 126 S.W.3d 676, 677-78 (Tex. App.—Dallas 2004, pet. denied). On appeal, as at trial, the pro se appellant must properly present its case.

Appellant's original appellate brief was deficient. We notified appellant of the multiple deficiencies and directed her to file an amended brief. We cautioned appellant that failure to file an amended brief correcting the deficiencies may result in dismissal of the appeal without further notice. Appellant filed an amended brief. The amended brief, however, failed to correct all of the deficiencies. Among other deficiencies, the amended brief contains no citations to the record and fails to contain a clear and concise argument for the contentions made with appropriate citations to authorities. See TEX. R. APP. P. 38.1 (d), (g) & (i).

Appellant filed a response to appellees' motion, but nothing in her response persuades us her appeal should not be dismissed. We have given appellant an opportunity to correct her amended brief. Because her amended brief failed to correct major deficiencies, we grant appellee's motion and dismiss the appeal. See TEX. R. APP. P. 42.3(b) & (c).

/Lana Myers/

LANA MYERS

JUSTICE
140248F.P05

JUDGMENT

On Appeal from the 162nd Judicial District Court, Dallas County, Texas.
Trial Court Cause No. DC-12-03784-I.
Opinion delivered by Justice Myers. Justices Bridges and Lang-Miers, participating.

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

It is ORDERED that appellees DEBORAH BUTTS AND DARLENE CRANDALL recover their costs of this appeal from appellant CONNIE MARIE MACINNES.


Summaries of

Macinnes v. Butts

Court of Appeals Fifth District of Texas at Dallas
Dec 15, 2014
No. 05-14-00248-CV (Tex. App. Dec. 15, 2014)
Case details for

Macinnes v. Butts

Case Details

Full title:CONNIE MARIE MACINNES, Appellant v. DEBORAH BUTTS AND DARLENE CRANDALL…

Court:Court of Appeals Fifth District of Texas at Dallas

Date published: Dec 15, 2014

Citations

No. 05-14-00248-CV (Tex. App. Dec. 15, 2014)