Deborah Ann Pruitt v. Dorothy Jean Mulcihy Hyde

• Court: Court of Appeals of Texas
• Decided: August 4, 2023
• Docket: 05-21-00862-CV
• Status: Published

Opinion

DISMISSED and Opinion Filed August 4, 2023

In The Court of Appeals Fifth District of Texas at Dallas No. 05-21-00862-CV

DEBORAH ANN PRUITT, Appellant V. DOROTHY JEAN MULCIHY HYDE, Appellee

On Appeal from the County Court at Law No. 2 Dallas County, Texas Trial Court Cause No. CC-18-01834-B

MEMORANDUM OPINION Before Justices Reichek, Nowell, and Goldstein Opinion by Justice Goldstein We notified appellant, who is proceeding pro se, that her brief failed to comply

with rule 38.1 of the Texas Rules of Appellate Procedure. See Tex. R. App. P. 38.1.

We listed numerous defects in the brief, including that the statement of the case was

not supported by record citations, or list the issues for review. Further, no part of

the brief contained any citations to the record. To date, appellant has not filed an

amended brief.

Even liberally construing appellant’s August 31, 2022 brief, we conclude it is

wholly inadequate to present any questions for appellate review and is in flagrant violation of rule 38.1. See TEX. R. APP. P. 38.1; Bolling v. Farmers Branch Indep.

Sch. Dist., 315 S.W.3d 893, 895 (Tex. App—Dallas 2010, no pet.). The summary

of the argument section and the argument sections of the brief consists only of a

heading without any reference to the record or to authority. Further, although

directed to do so, appellant has failed to file an amended brief correcting the briefing

deficiencies. Under these circumstances, we strike appellant’s August 31, 2022 brief

and dismiss this appeal for want of prosecution. See Tex. R. App. P. 38.9(a);

42.3(b),(c).

/Bonnie Lee Goldstein/ 210862f.p05 BONNIE LEE GOLDSTEIN JUSTICE

–2– Court of Appeals Fifth District of Texas at Dallas JUDGMENT

DEBORAH ANN PRUITT, On Appeal from the County Court at Appellant Law No. 2, Dallas County, Texas Trial Court Cause No. CC-18-01834- No. 05-21-00862-CV V. B. Opinion delivered by Justice DOROTHY JEAN MULCIHY Goldstein. Justices Reichek and HYDE, Appellee Nowell participating.

In accordance with this Court’s opinion of this date, this appeal is DISMISSED.

Judgment entered this 4th day of August, 2023.

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