Opinion
01-24-00082-CV
03-19-2024
Maison KW Inc, Kamilah Willacy, individually, AP Remittance Corp, LMA Global Inc, QRG Corp, Saba Retail Inc, and Willacy Group Incorporated v. Sallyport Commercial Finance, LLC
Trial court: 234th District Court of Harris County Trial court case number: 2022-48481
ORDER
JULIE COUNTISS, JUDGE..
Appellant, Kamilah Willacy, proceeding pro se, and "[o]n behalf of all [a]ppellants," prematurely filed a brief on February 27, 2024, before the clerk's and reporter's records have been filed. See Tex. R. App. P. 38.6(a) (stating an appellant's brief is due thirty days after the later of the date the clerk's record or reporter's record is filed).
Further, the brief does not comply with Texas Rule of Appellate Procedure 38.1. See Tex. R. App. P. 38.1. Among other things, appellant's brief:
• Does not contain "a table of contents . . . indicat[ing] the subject matter of each issue or point, or group of issues or points";
• Does not contain "an index of authorities arranged alphabetically and indicating the pages of the brief where the authorities are cited";
• Does not "state concisely the nature of the case," "the course of the proceedings, and the trial court's disposition of the case," "supported by record references";
• Does not "include a statement explaining why oral argument should or should not be permitted";
• Does not "state concisely and without argument the facts pertinent to the issues or points presented," "supported by record references";
• Does not "contain a clear and concise argument for the contentions made, with appropriate citations . . . to the record"; and
• Does not include an appendix with the necessary contents. Tex.R.App.P. 38.1(b), (c), (d), (e), (g), (i), and (k).
The appellate briefing requirements are mandatory. M&E Endeavors LLC v. Air Voice Wireless LLC, Nos. 01-18-00852-CV, 01-19-00180-CV, 2020 WL 5047902, at *7 (Tex. App - Houston [1st Dist] Aug. 17, 2020, no pet.) (mem. op.); see also Bolling v. Farmers Branch Indep. Sch. Dist., 315 S.W.3d 893, 896 (Tex. App-Dallas 2010, no pet.) ("Only when we are provided with proper briefing may we discharge our responsibility to review the appeal and make a decision that disposes of the appeal one way or the other."); In re N.E.B., 251 S.W.3d 211, 211-12 (Tex. App-Dallas 2008, no pet.) (holding that while pro se pleadings and briefs are "construe[d] liberally," pro se litigants are held "to the same standards as licensed attorneys and require[d] . . . to comply with applicable laws and rules of procedure.").
Because appellant's brief is premature and does not comply with the Texas Rules of Appellate Procedure, we strike appellant's brief filed on February 27, 2024. We order appellant to file a corrected brief that complies with Texas Rules of Appellate Procedure The deadline for filing the corrected brief is thirty days from the date the reporter's record or the clerk's record is filed, whichever is later.
If appellant's corrected brief does not comply with the Texas Rules of Appellate Procedure, the Court may strike the corrected brief, prohibit appellant from filing another, proceed as if appellant has failed to file a brief, and dismiss the appeal. See Tex. R. App. P. 38.8(a)(1), 38.9(a), 42.3, 43.2(f); see, e.g., Archer v. Finlay, No. 13-21-00359-CV, 2022 WL 1415679, at *1 (Tex. App-Corpus Christi-Edinburg May 5, 2022, no pet.) (mem. op.) (dismissing appeal where appellant's brief failed to comply with Texas Rules of Appellate Procedure 9.4 and 38.1); Tucker v. Fort Worth W. R.R. Co., No. 02-19-00221-CV, 2020 WL 3969586, at *1 (Tex. App-Fort Worth June 18, 2020, pet. denied) (mem. op.) (where appellant ordered to file amended brief but amended brief still did not comply with Texas Rules of Appellate Procedure, striking amended brief and dismissing appeal for want of prosecution); Tyurin v. Hirsch & Westheimer, P.C, No. 01-17-00014-CV, 2017 WL 4682191, at *1 (Tex. App-Houston [1st Dist.] Oct. 19, 2017, no pet.) (mem. op.); Petty v. Petty, No. 13-14-00051-CV, 2014 WL 5500459, at *1 (Tex. App-Corpus Christi-Edinburg Oct. 30, 2014, pet. denied) (mem. op.) (striking appellant's amended brief and dismissing appeal because of failure to comply with Texas Rule of Appellate Procedure 38.1). If appellant fails to timely file her corrected brief, the Court may also dismiss her appeal. See Tex. R. App. P. 38.8(a), 42.3, 43.2(f).
Appellee's brief, if any, will be due thirty days from the date appellant's corrected brief is filed. See Tex. R. App. P. 38.6(b).
It is so ORDERED.