Amar Gueye v. Luz Torres

• Court: Court of Appeals of Texas
• Decided: January 6, 2022
• Docket: 04-21-00353-CV
• Status: Published

Opinion

Fourth Court of Appeals San Antonio, Texas January 6, 2022

No. 04-21-00353-CV

Amar GUEYE, Appellant

v.

Luz TORRES, Appellee

From the County Court at Law No. 3, Bexar County, Texas Trial Court No. 2021CV02073 Honorable J Frank Davis, Judge Presiding

ORDER

Sitting: Irene Rios, Justice Beth Watkins, Justice Liza A. Rodriguez, Justice

On October 18, 2021, we struck appellant’s original brief because it failed to comply with the briefing rules in the Texas Rules of Appellate Procedure and ordered appellant to file an amended brief correcting the deficiencies. See TEX. R. APP. P. 38.1. On December 27, 2021, appellant filed an amended brief. The amended brief does not correct all the deficiencies in appellant’s original brief. For example, the amended brief lacks a proper list of all parties and counsel, a proper statement of facts with record references, and legal argument that includes appropriate citations to the appellate record. See id. The amended brief also lacks proof of service on appellee’s counsel. See TEX. R. APP. P. 9.5(d). Notwithstanding these deficiencies, we will not strike appellant’s amended brief and will not order appellant to file a second amended brief. However, appellant is advised that because of some of the deficiencies in the amended brief, we may ultimately conclude that appellant has waived his appellate complaints due to inadequate briefing. See Lott v. First Bank, No. 04-13-00311-CV, 2014 WL 4922896, at *4 (Tex. App.—San Antonio Oct. 14, 2014, no pet.) (holding the appellant waived any appellate complaint by failing to comply with the briefing rules set out in Rule 38.1 of the Texas Rules of Appellate Procedure). Because appellant’s amended brief lacks proof of service on appellee’s counsel, the clerk of this court is directed to send a copy of the amended brief to appellee’s counsel. Appellee’s brief is due on or before February 10, 2022.

_________________________________ Irene Rios, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 6th day of January, 2022.

___________________________________ Michael A. Cruz, Clerk of Court