in the Estate of Eloisa M. Martinez

Opinion

FILE COPY

Fourth Court of Appeals San Antonio, Texas January 26, 2023

No. 04-22-00795-CV

IN THE ESTATE OF ELOISA M. MARTINEZ, DECEASED

From the Probate Court No 1, Bexar County, Texas Trial Court No. 2020PC3191 Honorable Oscar J. Kazen, Judge Presiding

ORDER

On January 20, 2023, this court received appellant’s brief. The brief violates Texas Rule of Appellate Procedure 38.1 in that it does not (1) identify all parties and counsel; (2) include a table of contents; (3) include an index of authorities; (4) include a statement of the case; (5) include a brief statement of the issues presented; (6) include a statement of facts; (7) include a summary of the argument; (8) include appropriate citations to authorities and to the record; and (9) include a conclusion stating the nature of the relief sought. See TEX. R. APP. P. 38.1. While substantial compliance with Rule 38.1 is sufficient, this court may order a party to amend, supplement, or redraw a brief if it flagrantly violates Rule 38.1. See TEX. R. APP. P. 38.9(a). We conclude that the formal defects described above constitute flagrant violation of Rule 38.1. Furthermore, the brief violates Texas Rule of Appellate Procedure 9.4 because the text is single-spaced, not double-spaced. See TEX. R. APP. P. 9.4. We, therefore, ORDER appellant to file an amended brief within fifteen days from the date of this order. If the amended brief does not correct the violations listed above, we may strike the brief and prohibit appellant from filing another. See TEX. R. APP. P. 38.9(a).

_________________________________ Liza A. Rodriguez, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 26th day of January, 2023.

___________________________________ MICHAEL A. CRUZ, Clerk of Court