In the Interest of F.X.I.G., a Child v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: October 18, 2024
• Docket: 05-24-00432-CV
• Status: Published

Opinion

Dismiss and Opinion Filed October 18, 2024

In The Court of Appeals Fifth District of Texas at Dallas No. 05-24-00432-CV

IN THE INTEREST OF F.X.I.G., A CHILD

On Appeal from the 330th Judicial District Court Dallas County, Texas Trial Court Cause No. DF-23-12309

MEMORANDUM OPINION Before Justices Reichek, Nowell, and Carlyle Opinion by Justice Nowell Appellant filed his brief on August 15, 2024. We then notified appellant, who

is proceeding pro se, that his brief failed to comply with rule 38.1 of the Texas Rules

of Appellate Procedure. See TEX. R. APP. P. 38.1. We listed numerous defects in the

brief, including that the brief did not contain a table of contents with references to

the pages of the brief, the table of contents did not indicate the subject matter of each

issue, the brief does not contain an index of authorities, and neither the statement of

the case nor the statement of facts was supported by record references. Further, the

argument section of the brief does not contain any citations to authority or to the

record. We instructed appellant to file an amended brief correcting these deficiencies within ten days. In the request, we cautioned appellant that the appeal

was subject to dismissal if appellant failed to file an amended brief in compliance

with the rules of appellate procedure. To date, appellant has failed to do so.

The purpose of an appellant’s brief is to acquaint the Court with the issues in

a case and to present argument that will enable us to decide the case. See TEX. R.

APP. P. 38.9. The right to appellate review extends only to complaints made in

accordance with our rules of appellate procedure, which require an appellant to

concisely articulate the issues we are asked to decide, to make clear, concise, and

specific arguments in support of appellant’s position, to cite appropriate authorities,

and to specify the pages in the record where each alleged error can be found. See

Tex. R. App. P. 38.1; Lee v. Abbott, No. 05-18-01185-CV, 2019 WL 1970521, at *1

(Tex. App—Dallas May 3, 2019, no pet.) (mem. op.); Bolling v. Farmers Branch

Indep. Sch. Dist., 315 S.W.3d 893, 895 (Tex. App—Dallas 2010, no pet.). Even

liberally construing appellant’s brief, we conclude it fails to acquaint the Court with

the issues in the case, does not enable us to decide the case, does not make clear,

concise, specific arguments supported by legal authority, and is in flagrant violation

of rule 38.

–2– Although given the opportunity to correct the brief, appellant did not do so.

Under these circumstances, we strike appellant’s brief and dismiss this appeal. See

TEX. R. APP. P. 38.9(a); 42.3(b),(c).

240432f.p05 /Erin A. Nowell/ ERIN A. NOWELL JUSTICE

–3– Court of Appeals Fifth District of Texas at Dallas JUDGMENT

IN THE INTEREST OF F.X.I.G., A On Appeal from the 330th Judicial CHILD District Court, Dallas County, Texas Trial Court Cause No. DF-23-12309. No. 05-24-00432-CV Opinion delivered by Justice Nowell. Justices Reichek and Carlyle participating.

In accordance with this Court’s opinion of this date, this appeal is DISMISSED.

Judgment entered this 18th day of October, 2024.

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