Opinion
04-23-00414-CV
01-04-2024
Carol TINDELL, Appellant v. Earl HILDEBRANDT, Appellee
From the 456th District Court, Guadalupe County, Texas Trial Court No. 21-2401-CV-E Honorable Heather H. Wright, Judge Presiding
ORDER
Rebeca C. Martinez, Chief Justice
Appellant is proceeding pro se. On August 14, 2023, appellant filed a "Request for Motion to Extend Time to File Appellant[']s Brief." The document includes a request for a briefing extension and, following this request, are twenty-seven pages, which begin with an identification of the parties and counsel and continue with assertions and argument. We granted appellant's motion in part and ordered appellant's brief due by September 5, 2023. We reminded appellant that her brief must comply with the applicable Rules of Appellate Procedure. See Tex. R. App. P. 9.4, 9.5, 38.1. Among other things, we reminded appellant that these rules require that a brief must (1) contain a list of all parties and counsel, (2) a table of contents that reference the pages of the brief, (3) a concise statement of the nature of the case, (4) a concise statement of all issues for review, (5) a statement of facts supported by record references, (6) a succinct statement of the arguments made, (7) clear and concise arguments for the contentions made with citations to authorities and to the record, (8) a short prayer stating the nature of the relief sought, (9) an appendix with a copy of the trial court's judgment, (10) a certificate of compliance, and (11) a certificate of service. See id.
After several additional requests for extensions, which we granted, appellant mailed her brief on December 11, 2023, and we filed the brief on December 18, 2023. See id. R. 9.2(b). Appellant's brief consists of 126 pages, many of which are out of order because, as appellant explains, her stack of papers "fell over and scrambled."
Appellant's brief does not fully comply with the applicable appellate rules because, among other things, the brief does not contain a statement of facts with record references, a proper legal argument with appropriate citations to legal authorities and the appellate record, and a certificate of service. See id. R. 38.1(g), (i), 9.5. Additionally, the brief includes sensitive data, including a copy of a driver's license and bank account information, which must be redacted. See id. R. 9.9. We recognize Appellant is acting pro se. But "a pro se litigant is held to the same standards as licensed attorneys and must comply with applicable laws and rules of procedure." Strange v. Cont'l Cas. Co., 126 S.W.3d 676, 677 (Tex. App-Dallas 2004, pet. denied).
Therefore, it is ORDERED that the brief filed by appellant is STRICKEN from our record. It is further ORDERED that appellant must file an amended brief that redacts any sensitive data, in compliance with Rule 9.9; that contains appropriate citations to authorities and to the record, in compliance with Rule 38.1; and that includes a certificate of service that proves the brief was served on appellee, in compliance with Rule 9.5. It is further ORDERED that appellant's amended brief is due on February 5, 2024, or this appeal will be dismissed for want of prosecution. See Tex. R. App. P. 38.9, 42.3.