Barbara G. Massingill v. Ingleside Housing Authority

• Court: Court of Appeals of Texas
• Decided: December 7, 2006
• Docket: 13-03-00274-CV
• Status: Published

Opinion

NUMBER 13-03-274-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

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BARBARA G. MASSINGILL, Appellant,

v.

INGLESIDE HOUSING AUTHORITY, Appellee.

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On appeal from the 343rd District Court of San Patricio County, Texas.

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MEMORANDUM OPINION

Before Chief Justice Valdez and Justices Yañez and Garza

Memorandum Opinion Per Curiam

A review of this appeal shows appellant, Barbara G. Massingill, filed her brief on May 19, 2005. In a letter dated May 24, 2005, the Clerk of this Court informed appellant that her brief was deficient because it did not comply with rule 38.1 of the Texas Rules of Appellate Procedure. See Tex. R. App. P. 38.1. The Court notified appellant she had until June 2, 2005, to file: (1) an amended brief correcting the deficiencies; and (2) a motion for leave to file the amended brief. Appellant was told that her appeal would be dismissed if she failed to file a proper brief and motion to leave by this date.

Although appellant has made subsequent filings with this Court, including several "additions" to her original brief, none of the filings consist of an amended brief or a motion for leave to file.

A review of appellant's brief shows the brief still does not comply with the rules of appellate procedure. See generally Tex. R. App. P. 38.1 (delineating requirements for appellant's brief). Specifically, the brief does not include an index of authorities, a statement of the case, a concise statement of the issues presented for review, a statement of facts, a summary of the argument, or an appendix. See id. The brief does not contain any page references to the appellate record, nor does it contain a clear and concise argument for the contentions made with appropriate citations to authorities or to the record. See id.

Appellant has failed to comply with requirements of the appellate rules and a directive from this Court. Her brief does not substantially comply with the rules of appellate procedure. See Tex. R. App. P. 38.9. Therefore, this appeal is DISMISSED. See Tex. R. App. P. 38.8, 38.9 & 42.3.

PER CURIAM

Memorandum Opinion delivered and filed

this the 7th day of December, 2006.