Franklyn Tarver v. City of Galveston

Court of Appeals of Texas

Franklyn Tarver v. City of Galveston

Court of Appeals of Texas·Decided December 31, 2024·No. 01-24-00515-CV·Published

Opinion

Opinion issued December 31, 2024

In The

Court of Appeals

For The

First District of Texas

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).

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.

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Opinion issued December 31, 2024

In The

Court of Appeals

For The

First District of Texas

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).

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.

Franklyn Tarver v. City of Galveston, (Tex. Ct. App. 2024).

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