City of Carrizo Springs v. Gregory Howard

Opinion

Fourth Court of Appeals San Antonio, Texas March 23, 2018

No. 04-18-00061-CV

CITY OF CARRIZO SPRINGS, Appellant

v.

Gregory HOWARD, Appellee

From the 365th Judicial District Court, Dimmit County, Texas Trial Court No. 15-02-12509-DCVAJA Honorable Amado J. Abascal, III, Judge Presiding

ORDER The appellant’s brief has been filed. Although only substantial compliance with Rule 38 is required, we may order a party to amend, supplement, or redraw a brief if it flagrantly violates Rule 38. See Tex. R. App. P. 38.9(a). The argument section of the brief contains no citations to the appellate record. This briefing defect constitutes a flagrant violation of Rule 38.

We therefore order appellant to file an amended brief by April 9, 2018. If a timely amended brief that corrects this deficiency is not filed, we may strike the brief, prohibit appellant from filing another, and proceed as if appellant had failed to file a brief. See Tex. R. App. P. 38.9(a). This may include dismissal of this appeal for want of prosecution. Id. R. 38.8(a)(1). Elizondo v. City of San Antonio, 975 S.W.2d 61, 63 (Tex. App.—San Antonio 1998, no pet.).

_________________________________ Luz Elena D. Chapa, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 23rd day of March, 2018.

___________________________________ KEITH E. HOTTLE, Clerk of Court