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

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