Opinion
Appellate case number: 01-15-00500-CV
04-28-2016
ORDER Trial court case number: 13CV0293-A Trial court: 56th District Court of Galveston County
On April 8, 2016, the Clerk of this Court filed the brief of appellant, Paul T. Young. Appellant's brief, however, does not comply with Texas Rule of Appellate Procedure 38.1. The brief does not contain (1) a statement of the case "supported by record references," (2) a statement of facts supported by record references, (3) a summary of the argument, or (4) any "argument for the contentions made, with appropriate citations to authorities and the record." TEX. R. APP. P. 38.1(d), (g)-(i). Further, although the brief contains an "Index of Authorities," the authorities are not cited in the brief. See id. 38.1(c).
We strike appellant's brief filed on April 8, 2016. Appellant is directed to file a brief that complies with Texas Rule of Appellate Procedure 38.1 no later than 10 days from the date of this order. No extensions will be granted. If appellant fails to timely file a brief that complies with Rule 38.1, the Court will consider appellee Wayde Shipman's motion for dismissal or summary affirmance, filed on April 13, 2016, and the possibility of damages for a frivolous appeal. See TEX. R. APP. P. 45, Smith v. Brown, 51 S.W.3d 376, 381-82 (Tex. App.—Houston [1st Dist.] 2001, pet. denied).
It is so ORDERED. Judge's signature: /s/ Terry Jennings
[×] Acting individually Date: April 28, 2016