Opinion
Appellate case number: 01-16-00643-CV
04-18-2017
Rose Patricia Ann Shields, Oscar Urbina, and Arnold Shields, Individually, d/b/a Galveston Service Company, d/b/a Blu Shields Construction v. Commercial State Bank, Douglas Faver, Suzanne Hubbard, Daniel Jurgena, Roxanne Tomolialo, Joseph Cox, Thomas Walsh and Gina F. Dominique
ORDER Trial court case number: 2015-06750 Trial court: 129th District Court of Harris County
This Court's March 7, 2017 Memorandum Order, among other things, directed appellants' brief to be filed within 30 days of that Order. On April 6, 2017, appellants, Arnold "Blu" Shields, Individually, d/b/a Galveston Service Company, d/b/a Blu Shields Construction, Rose Patricia Ann Shields, and Oscar Urbina, filed a 100-page pro se brief.
Absent a motion to exceed the word limit, which was not filed here, the appellant's initial brief is limited to 15,000 words if computer-generated, and 50 pages if not, and the aggregate of all briefs filed by a party must not exceed 27,000 words if computer-generated, and 90 pages if not. See TEX. R. APP. P. 9.4(i)(2)(B), (4). After a review of this brief, it totals 100 pages because it contains various documents from the record interspersed in the brief, instead of in an appendix after the brief, making it difficult to tell where the brief's arguments end and the record begins. See id. 9.4(h) (stating that appendix may be bound either with brief or separately, but if electronically filed with more than one item, it must include bookmarks with titles for exhibits).
Also, while the certificate of compliance states that appellants' brief contains 2,538 words, not counting the interspersed record documents or the section headings below, because there are no page numbers, it makes the total brief 100 pages long. See TEX. R. APP. P. 9.4(i)(2)(B), (3). Thus, this brief exceeds the total page limit. See id.
Accordingly, the Court sua sponte STRIKES this brief because it does not comply with Texas Rules of Appellate Procedure 9.4 and 38.1. See TEX. R. APP. P. 9.4(i)(2)(B), 38.1(a)-(k), 38.9(a). The Court ORDERS the brief redrawn to conform with Rule 9.4, with page numbers at the bottom, 15,000 words or less if computer-generated, or 50 pages or less if not, with a correct certificate of compliance. See TEX. R. APP. P. 9.4(i)(2)(B), (3). Specifically, the amended brief also should comply with Rule 38.1 by containing the following sections, in the following order or otherwise:
(1) a list of all the parties to the trial court's judgment and addresses of all trial and appellate counsel;TEX. R. APP. P. 38.1(a)-(k).
(2) a table of contents;
(3) an index of authorities;
(4) a brief statement of the case with references to the appellate record;
(5) a statement regarding oral argument, with any request on the front cover of the brief;
(6) a list of the issues presented for appeal;
(7) a statement of facts supported by record references;
(8) a summary of the argument;
(9) a clear and concise argument for the contentions made with appropriate citations to legal authorities and the clerk's record;
(10) a short conclusion clearly stating the nature of the relief sought; and
(11) an appendix, if necessary.
The amended brief must conform with Rule 38.1 by including the sections above and containing all necessary references to the clerk's record filed with this Court or legal authorities. See TEX. R. APP. P. 38.1(a)-(k), 38.7, 38.9(a). If necessary, appellants may also file an appendix, either separately or after the end of the brief, with any relevant documents, and the appendix and section headings above are not included in the word count for the certificate of compliance. See id. 9.4(i)(1), (3), 38.1(k).
Finally, appellants' amended brief is due to be filed with this Court no later than 30 days of the date of this Order. See TEX. R. APP. P. 38.6(a), (d), 38.7. Appellees' brief, if any, will be due no later than 30 days after the filing of appellants' amended and compliant brief. See id. 38.6(b).
It is so ORDERED. Judge's signature: /s/ Laura Carter Higley
X Acting individually [ ] Acting for the Court
Date: April 18, 2017