Fermin Franco, Individually, and A/N/F of Kamila Franco and Diego Franco v. Sonia Morales

Court of Appeals of Texas

Fermin Franco, Individually, and A/N/F of Kamila Franco and Diego Franco v. Sonia Morales

DecidedJanuary 31, 2019

Docket14-18-00006-CV

StatusPublished

This text of Fermin Franco, Individually, and A/N/F of Kamila Franco and Diego Franco v. Sonia Morales (Fermin Franco, Individually, and A/N/F of Kamila Franco and Diego Franco v. Sonia Morales) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Fermin Franco, Individually, and A/N/F of Kamila Franco and Diego Franco v. Sonia Morales, (Tex. Ct. App. 2019).

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Opinion

Order filed January 31, 2019

In The

Fourteenth Court of Appeals ____________

NO. 14-18-00006-CV ____________

FERMIN FRANCO, INDIVIDUALLY, AND A/N/F OF KAMILA FRANCO AND DIEGO FRANCO, Appellants

V.

SONIA MORALES, Appellee

On Appeal from the 215th District Court Harris County, Texas Trial Court Cause No. 2016-24798

ORDER

On August 22, 2018, appellant filed a brief that does not comply with the Texas Rules of Appellate Procedure. The brief fails to comply with rule 38.1(g) because the brief does not give a contain a statement of facts. See Tex. R. App. P. 38.1(g). The brief fails to comply with rule 38.1(h) because the brief does not contain a succinct, clear, and accurate statement of the arguments made in the body of the brief. See Tex. R. App. P. 38.1(h). The brief fails to comply with rule 38.1(i) because the brief must contain, under an appropriate heading, a clear and concise argument for the contentions made with appropriate citations to authorities and to the record. See Tex. R. App. P. 38.1(i). The brief fails to comply with rule 38.1(j) because it does not contain a short conclusion that clearly states the nature of relief sought. See Tex. R. App. P. 38.1(j).

Accordingly, we STRIKE appellant’s brief. Appellant is ordered to file a brief that complies with the Texas Rules of Appellate Procedure by February 15, 2019. If appellant files another brief that does not comply with Rule 38, the Court 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). If appellant fails to timely file a brief in accordance with Rule 38, the appeal may be dismissed for want of prosecution or the trial court’s judgment affirmed based on appellee’s brief. See Tex. R. App. P. 38.8(a)(1), (3).

PER CURIAM

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Order filed January 31, 2019

In The

Fourteenth Court of Appeals ____________

NO. 14-18-00006-CV ____________

FERMIN FRANCO, INDIVIDUALLY, AND A/N/F OF KAMILA FRANCO AND DIEGO FRANCO, Appellants

V.

SONIA MORALES, Appellee

On Appeal from the 215th District Court Harris County, Texas Trial Court Cause No. 2016-24798

ORDER

On August 22, 2018, appellant filed a brief that does not comply with the Texas Rules of Appellate Procedure. The brief fails to comply with rule 38.1(g) because the brief does not give a contain a statement of facts. See Tex. R. App. P. 38.1(g). The brief fails to comply with rule 38.1(h) because the brief does not contain a succinct, clear, and accurate statement of the arguments made in the body of the brief. See Tex. R. App. P. 38.1(h). The brief fails to comply with rule 38.1(i) because the brief must contain, under an appropriate heading, a clear and concise argument for the contentions made with appropriate citations to authorities and to the record. See Tex. R. App. P. 38.1(i). The brief fails to comply with rule 38.1(j) because it does not contain a short conclusion that clearly states the nature of relief sought. See Tex. R. App. P. 38.1(j).

Accordingly, we STRIKE appellant’s brief. Appellant is ordered to file a brief that complies with the Texas Rules of Appellate Procedure by February 15, 2019. If appellant files another brief that does not comply with Rule 38, the Court 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). If appellant fails to timely file a brief in accordance with Rule 38, the appeal may be dismissed for want of prosecution or the trial court’s judgment affirmed based on appellee’s brief. See Tex. R. App. P. 38.8(a)(1), (3).

PER CURIAM

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Fermin Franco, Individually, and A/N/F of Kamila Franco and Diego Franco v. Sonia Morales, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fermin-franco-individually-and-anf-of-kamila-franco-and-diego-franco-v-texapp-2019.