James Taylor v. Plano Housing Corporation

• Court: Court of Appeals of Texas
• Decided: July 17, 2024
• Docket: 05-23-01182-CV
• Status: Published

Opinion

DISMISS and Opinion Filed July 17, 2024

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-23-01182-CV

JAMES TAYLOR, Appellant V. PLANO HOUSING CORPORATION, Appellee

On Appeal from the County Court at Law No. 4 Collin County, Texas Trial Court Cause No. 004-01709-2023

MEMORANDUM OPINION Before Chief Justice Burns, Justice Pedersen, III, and Justice Carlyle Opinion by Chief Justice Burns Appellant filed his brief on June 18, 2024.1 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 it did not contain a table of contents, an index of authority, or a

statement of the case supported by record references. Further, no part of the brief

contained any citations to the record or to any authorities. We instructed appellant

1 Following two extensions of time to file his brief, appellant filed a letter to the Court explaining why he believed the trial court did not follow the law. We construed his letter as appellant’s brief. 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. To date, appellant has neither filed an amended brief nor

corresponded with the Court concerning the status of appellant’s brief.

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, 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).

/Robert D. Burns, III/ ROBERT D. BURNS, III CHIEF JUSTICE 231182F.P05

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

JAMES TAYLOR, Appellant On Appeal from the County Court at Law No. 4, Collin County, Texas No. 05-23-01182-CV V. Trial Court Cause No. 004-01709- 2023. PLANO HOUSING Opinion delivered by Chief Justice CORPORATION, Appellee Burns. Justices Pedersen, III and Carlyle participating.

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

Judgment entered July 17, 2024

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