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Raymond v. Roy

Fourth Court of Appeals San Antonio, Texas
Jun 28, 2017
No. 04-17-00061-CV (Tex. App. Jun. 28, 2017)

Opinion

No. 04-17-00061-CV

06-28-2017

Carlos Antonio RAYMOND, Appellant v. Martin Joseph ROY and Pizza Ventrue of San Antonio, LLC d/b/a Papa Johns Pizza, Appellees


From the County Court At Law No. 10, Bexar County, Texas
Trial Court No. 2015CV00935
Honorable David J. Rodriguez, Judge Presiding

ORDER

On June 20, 2017, Appellant Carlos Antonio Raymond, representing himself, filed his appellate brief. The improperly styled brief does not comply with Rule 38.1 of the Texas Rules of Appellate Procedure. See TEX. R. APP. P. 38.1.

The brief does not contain any citations to the record. See id. R. 38.1(g) ("The statement [of facts] must be supported by record references."); id. R. 38.1(i) ("The brief must contain . . . appropriate citations . . . to the record."). The brief recites alleged facts and complaints but fails to present any legal arguments. See id. ("The brief must contain a clear and concise argument for the contentions made . . . ."). The brief also fails to cite any authorities, see id. (requiring "appropriate citations to authorities"), and does not contain a certificate of compliance pursuant to Rule 9.4(i)(3). See id. R. 9.4(i)(3)

This court may order a party to amend, supplement, or redraw a brief if it flagrantly violates Rule 38. See id. R. 38.9(a). We conclude that the formal defects described above constitute flagrant violations of Rule 38.

Therefore, we STRIKE Appellant's brief and ORDER Appellant Carlos Antonio Raymond to file an amended brief within TEN (10) DAYS of the date of this order. The amended brief must correct all of the violations listed above and fully comply with the applicable rules. See, e.g., id. R. 9.4, 9.5, 38.1. If the amended brief does not comply with this order, we "may strike the brief, prohibit [Appellant] from filing another, and proceed as if [Appellant] had failed to file a brief." See id. R. 38.9(a); see also id. R. 38.8(a) (authorizing this court to dismiss an appeal if an appellant fails to timely file a brief).

If Appellant timely files a brief that complies with this order, Appellee's brief will be due thirty days after Appellant's brief is filed. See TEX. R. APP. P. 38.6(b).

/s/_________

Patricia O. Alvarez, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 28th day of June, 2017.

/s/_________

Luz Estrada

Chief Deputy Clerk


Summaries of

Raymond v. Roy

Fourth Court of Appeals San Antonio, Texas
Jun 28, 2017
No. 04-17-00061-CV (Tex. App. Jun. 28, 2017)
Case details for

Raymond v. Roy

Case Details

Full title:Carlos Antonio RAYMOND, Appellant v. Martin Joseph ROY and Pizza Ventrue…

Court:Fourth Court of Appeals San Antonio, Texas

Date published: Jun 28, 2017

Citations

No. 04-17-00061-CV (Tex. App. Jun. 28, 2017)