Aleksander Borisov v. Clerk of Small Claim Court

Court of Appeals of Texas

Aleksander Borisov v. Clerk of Small Claim Court

DecidedJanuary 26, 2016

Docket01-15-00522-CV

StatusPublished

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Aleksander Borisov v. Clerk of Small Claim Court, (Tex. Ct. App. 2016).

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Opinion

COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON

ORDER

Appellate case name: Aleksander Borisov v. Kerry Lea Keels Chief Clerk, Harris County Justice Court Precinct 5, Place 1

Appellate case number: 01-15-00522-CV

Trial court case number: 1041858

Trial court: County Court at Law No. 4 of Harris County

On October 16, 2015, appellant, Aleksander Borisov, filed a brief in this appeal. On January 5, 2016, appellee, Kerry Lea Keels Chief Clerk, Harris County Justice Court Precinct 5, Place 1, filed a Motion to Require Appellant to Rebrief. Appellant’s brief violates the formal requirements set forth in TEX. R. APP. P. 38.1(f) (requiring brief to state concisely all issues or points presented for review), (g) (requiring statement of facts to be supported by record references), (h) (requiring succinct, clear, and accurate statement of the arguments), and (i) (requiring clear and concise argument with citations to authorities and to the record). Therefore, the Court orders the brief redrawn. See TEX. R. APP. P. 38.9(a). If appellant’s redrawn brief does not comply with TEX. R. APP. P. 38.1, the Court may strike the brief, prohibit appellant from filing another brief, and proceed as if appellant had failed to file a brief, i.e., dismiss appellant’s appeal for want of prosecution. See TEX. R. APP. P. 38.8(a), 38.9(a).

The final deadline for appellant to file a redrawn brief is 30 days from the date of this order. If appellant fails to timely comply, the Court may dismiss this appeal for want of prosecution without further notice. See TEX. R. APP. P. 42.3(b), 38.9(a), 38.8(a). It is so ORDERED.

Judge’s signature: /s/ Chief Justice Sherry Radack  Acting individually

Date: January 26, 2016

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COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON

ORDER

Appellate case name: Aleksander Borisov v. Kerry Lea Keels Chief Clerk, Harris County Justice Court Precinct 5, Place 1

Appellate case number: 01-15-00522-CV

Trial court case number: 1041858

Trial court: County Court at Law No. 4 of Harris County

On October 16, 2015, appellant, Aleksander Borisov, filed a brief in this appeal. On January 5, 2016, appellee, Kerry Lea Keels Chief Clerk, Harris County Justice Court Precinct 5, Place 1, filed a Motion to Require Appellant to Rebrief. Appellant’s brief violates the formal requirements set forth in TEX. R. APP. P. 38.1(f) (requiring brief to state concisely all issues or points presented for review), (g) (requiring statement of facts to be supported by record references), (h) (requiring succinct, clear, and accurate statement of the arguments), and (i) (requiring clear and concise argument with citations to authorities and to the record). Therefore, the Court orders the brief redrawn. See TEX. R. APP. P. 38.9(a). If appellant’s redrawn brief does not comply with TEX. R. APP. P. 38.1, the Court may strike the brief, prohibit appellant from filing another brief, and proceed as if appellant had failed to file a brief, i.e., dismiss appellant’s appeal for want of prosecution. See TEX. R. APP. P. 38.8(a), 38.9(a).

The final deadline for appellant to file a redrawn brief is 30 days from the date of this order. If appellant fails to timely comply, the Court may dismiss this appeal for want of prosecution without further notice. See TEX. R. APP. P. 42.3(b), 38.9(a), 38.8(a). It is so ORDERED.

Judge’s signature: /s/ Chief Justice Sherry Radack  Acting individually

Date: January 26, 2016

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Aleksander Borisov v. Clerk of Small Claim Court, Counsel Stack Legal Research, https://law.counselstack.com/opinion/aleksander-borisov-v-clerk-of-small-claim-court-texapp-2016.