Opinion
No. 05-07-00799-CV
Opinion issued February 15, 2008.
On Appeal from the 366th Judicial District Court, Collin County, Texas, Trial Court Cause No. 366-141-07.
Before Justices MORRIS, WRIGHT, and MOSELEY.
MEMORANDUM OPINION
On June 27, 2007, appellant filed a notice of appeal from the trial court's order declaring him to be a vexatious litigant. Appellant filed a deficient brief on August 22, 2007. By letter dated August 27, 2007, we directed appellant to file a brief that complies with Texas Rule of Appellate Procedure 38.1 within ten days. To date, appellant has not filed an amended brief.
The Court now has before it appellee Collin County's November 5, 2007 motion to dismiss based on appellant's failure to file an amended brief. In response, appellant argues that he does not understand how his brief was deficient. However, the August 27, 2007 letter to appellant specifically detailed the deficiencies. Further, appellant is held to the same standards as a licensed attorney and must comply with the applicable laws and rules of procedure. See Harris v. Showcase Chevrolet, 231 S.W.3d 559, 561 (Tex.App.-Dallas 2007, no pet.).
Appellant has not filed an amended brief nor has he provided the Court with an explanation for his failure to do so. Therefore, we STRIKE as deficient appellant's August 22, 2007 brief. See Johnson v. Dallas Housing Authority, 179 S.W.3d 770 (Tex.App.-Dallas 2005, no pet.). As there is no appellant's brief in this appeal, we GRANT appellee's motion and DISMISS the appeal. See Tex. R. App. P. 38.8, 38.9 42.3.
Appellant's December 27, 2007 motion to stay the appeal is DENIED.