Opinion
No. 04-16-00786-CV
08-08-2017
Anthony MOORE and Joann Moore, Appellants v. David SUBIA, Appellee
From the County Court at Law No. 3, Bexar County, Texas
Trial Court No. 2016CV04165
Honorable David J. Rodriguez, Judge Presiding
ORDER
Sitting: Karen Angelini, Justice Marialyn Barnard, Justice Rebeca C. Martinez, Justice
On August 1, 2017, Appellants Anthony Moore and Joann Moore filed their appellants' brief. In their brief, they request that pursuant to Texas Rule of Appellate Procedure 2, we suspend the rule limiting the length of a brief. Appellants' request is DENIED. Appellants' brief must comply with Texas Rule of Appellate Procedure 9.4(i) and therefore must not exceed 15,000 words. See TEX. R. APP. P. 9.4(i)(2)(B). In calculating the length of appellants' brief,
every word and every part of the [brief], including headings, footnotes, and quotations, must be counted except the following: caption, identity of parties and counsel, statement regarding oral argument, table of contents, index of authorities, statement of the case, statement of the issues presented, statement of jurisdiction, statement of procedural history, signature, proof of service, certification, certificate of compliance, and appendix.TEX. R. APP. P. 9.4(i)(1). Appellants' brief violates Texas Rule of Appellate Procedure 9.4.(i)(1) in that it exceeds 15,000 words.
Appellants' brief also does not contain a certificate of compliance as required by Texas Rule of Appellate Procedure 9.4(i)(3). See TEX. R. APP. P. 9.4(i)(3) ("A computer-generated document that is subject to a word limit under this rule must include a certificate by counsel or an unrepresented party stating the number of words in the document. The person certifying may rely on the word count of the computer program used to prepare the document."). Moreover, appellants' brief violates Texas Rule of Appellate Procedure 9.4(d) because the text is single-spaced, not double-spaced. See TEX. R. APP. P. 9.4(d).
Further, appellants' brief violates Texas Rule of Appellate Procedure 38 in that it does not include references to the appellate record in the statement of facts or the statement of the case. See TEX. R. APP. P. 38.1(d), (g), (i). Additionally, the "Issues Presented" section of appellants' brief does not "state concisely all issues or points presented for review." See Tex. R. App. P. 38.1(f). Appellants' "Issues Presented" section should be a short, concise statement of the issues presented for review. Instead, appellants have brought forth their legal arguments in the "Issues Presented." Appellants' legal arguments should not be in the "Issues Presented" portion of their brief, but should instead be in the "Argument" portion of their brief. See TEX. R. APP. P. 38.1(i).
While it is true that pro se pleadings and briefs are to be liberally construed, pro se litigants are still required to comply with the law and rules of procedure. Shull v. United Parcel Serv., 4 S.W.3d 46, 52-53 (Tex. App.—San Antonio 1999, pet. denied). Because appellants' brief does not comply with Rules 9.4 and 38.1, we ORDER appellants to file an amended brief that complies with the Rules of Appellate Procedure no later than August 18 , 2017. If the amended brief does not correct the violations, we will strike the brief, prohibit appellants from filing another, and dismiss the appeal for want of prosecution. See TEX. R. APP. P. 9.4(k), 38.9(a); see also TEX. R. APP. P. 42.3(c) (allowing dismissal of appellants' appeal if appellant fails to comply with a requirement of the Texas Rules of Appellate Procedure or an order of this court).
Finally, appellants have filed four motions:
(1) Motion to Remove Inconclusive Evidence;All four motions filed by appellants are DENIED.
(2) Motion for Restraining Order;
(3) Motion for Exclusion of Allegation of Rent Arrearage Claim; and
(4) Special Prayer for Relief Motion for Injunction or Protective Order.
/s/_________
Karen Angelini, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 8th day of August, 2017.
/s/_________
Luz Estrada
Chief Deputy Clerk