Opinion
No. 05-17-00343-CV
05-30-2017
OTIS MINAFEE, Appellant v. EDWIN SHIELDS, Appellee
On Appeal from the 162nd Judicial District Court Dallas County, Texas
Trial Court Cause No. DC-15-15125
ORDER
Before the Court is appellant's May 24, 2017 motion for extension of time to file his brief. Appellant tendered his brief to this Court on May 24, 2017. Appellant's brief is not due until the appellate record is complete. See TEX. R. APP. P. 38.6(a). As of the date of this order, the record is not yet complete.
Our records indicate appellant is indigent and allowed to proceed without payment of costs. By letter dated May 19, 2017, the court reporter notified the Court that the reporter's record had not been filed because appellant had not requested it. Accordingly, we ORDER appellant to provide the Court, within fifteen days of the date of this order, with written verification that the reporter's record has been requested. We caution appellant that failure to provide the requested written verification within fifteen days may result in the appeal being ordered submitted without the reporter's record. See TEX. R. APP. P. 37.3(c).
The Court has reviewed the brief tendered to the Court on May 24, 2017 and notes that it contains numerous deficiencies. Accordingly, we GRANT appellant's motion TO THE EXTENT that he file, WITHIN THIRTY DAYS of the date that either the reporter's record is filed or of the date of any order of this Court ordering the appeal be submitted without the reporter's record, an amended brief correcting the following deficiencies:
• It does not contain a table of contents with references to the pages of the brief. TEX. R. APP. P. 38.1(b).
• The table of contents does not indicate the subject matter of each issue or point, or group of issues or points. TEX. R. APP. P. 38.1(b).
• It does not contain an index of authorities arranged alphabetically and indicating the pages of the brief where the authorities are citied. TEX. R. APP. P. 38.1(c).
• It does not contain a concise statement of the case, the course of proceedings, and the trial court's disposition of the case supported by record references. TEX. R. APP. P. 38.1(d).
• It does not concisely state all issues or points presented for review. TEX. R. APP. P. 38.1(f).
• It does not contain a concise statement of the facts supported by record references. TEX. R. APP. P. 38.1(g).
• It does not contain a succinct, clear, and accurate statement of the arguments made in the body of the brief. TEX. R. APP. P. 38.1(h).
• The argument does not contain appropriate citations to authorities. TEX. R. APP. P. 38.1(i).
• The argument does not contain appropriate citations to the record. TEX. R. APP. P. 38.1(i).
• Text of brief is not double spaced. TEX. R. APP. P. 9.4(d).
• Text of brief is not proper size. TEX. R. APP. P. 9.4(e).
• It does not contain a proper certificate of compliance. TEX. R. APP. P. 9.5(i)(3).
• The following is omitted from the appendix. TEX. R. APP. P. 38.1(k).
• The text of any rule, regulation, ordinance, statute, constitutional provision, or other law (excluding case law) on which the argument is based. TEX. R. APP. P. 38.1(k)(1)(C).
Failure to file an amended brief that complies with the Texas Rules of Appellate Procedure within thirty days from the date either the reporter's record is filed or an order submitting this appeal without the reporter's record may result in dismissal of this appeal without further notice. See TEX. R. APP. P. 38.8(a)(1), 42.3(b), 42.3(c).
/s/ CRAIG STODDART
JUSTICE