Franklyn Tarver v. City of Galveston

• Court: Court of Appeals of Texas
• Decided: December 31, 2024
• Docket: 01-24-00515-CV
• Status: Published

Opinion

Opinion issued December 31, 2024

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-24-00515-CV ——————————— FRANKLYN TARVER, Appellant V. CITY OF GALVESTON; CHIEF CLERK OF PROCEEDINGS, TEXAS DEPARTMENT OF INSURANCE, DIVISION OF WORKER’S COMPENSATION; TEXAS WORKFORCE COMMISSION, Appellees

On Appeal from the 10th District Court Galveston County, Texas Trial Court Case No. 23-CV-2028

MEMORANDUM OPINION

Appellant, who is proceeding pro se, filed an appellant’s brief on October 10,

2024. The brief failed to comply with the briefing requirements of Rule 38.1. See

TEX. R. APP. P. 38.1. By order issued on October 17, 2024, the Court struck this brief and ordered appellant to file a corrected brief. The order specified the

deficiencies in the inclusion of multiple issues, many of which were not issues but

fact statements or argument, the failure to include citations to the record, the overly-

lengthy summary of the argument, and the short argument section providing no

citations to the record or to authorities. The Court ordered a corrected brief to be

filed within 30 days and warned that if appellant failed to comply with the order, the

appeal might be dismissed. See id. 38.8(a), 42.3(b), 43.2(f). See also Pathan v.

Barboza, No. 01-23-00783-CV, 2024 WL 1774220, at *1 (Tex. App.—Houston [1st

Dist.] Apr. 25, 2024, no pet.) (mem. op.). Appellant’s corrected brief, due on

November 18, 2024, was filed on November 20, 2024.

Although appellant’s corrected brief includes some improvements, it

continues to present as issues statements of fact or argument and the Court is unable

to determine exactly what issues are presented. The appellant also failed to provide

citations to the record and instead, continued to cite to attachments to the brief, which

the Court had previously stated was inappropriate.

The Court stated in its October 17, 2024 order that the Court might dismiss

the appeal if appellant failed to comply with its order to file a brief in compliance

with Rule 38.8. Appellant’s corrected brief fails to comply with Rule 38.8 and this

Court’s October 17, 2024 order. See TEX. R. APP. P. 42.3(c).

2 Accordingly, we dismiss the appeal. See TEX. R. APP. P. 38.8(a), 42.3(b), (c),

43.2(f). We dismiss any pending motions as moot.

PER CURIAM

Panel consists of Justices Kelly, Hightower, and Guerra.