James Whittaker v. ManPower

• Court: Court of Appeals of Texas
• Decided: December 10, 2009
• Docket: 14-09-00508-CV
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed December 10, 2009.

In The

Fourteenth Court of Appeals

____________

NO. 14-09-00508-CV

JAMES WHITTAKER, Appellant

V.

MANPOWER, Appellee

On Appeal from the 151st District Court

Harris County, Texas

Trial Court Cause No. 2008-76332

M E M O R A N D U M   O P I N I O N

            This is an appeal from a judgment signed May 18, 2009. The clerk’s record was filed July 23, 2009. Appellant was granted an extension of time to file his brief until September 25, 2009. No brief or further motion for extension of time was filed. Accordingly, on October 8, 2009, this court ordered appellant to file his brief on or before October 30, 2009, or the court would dismiss the appeal for want of prosecution. See Tex. R. App. P. 42.3(b).

On October 30, 2009, appellant filed a two-page document in an attempt to file a brief. The document filed October 30, 2009, did comply with Rule 38 of the Texas Rules of Appellate Procedure. The document did not contain the required contents listed in Rule 38.1. Moreover, appellant failed to provide a clear and concise argument for each contention made with appropriate citations to authority. See Tex. R. App. P. 38.1(f), (h).

Litigants who appear pro se must comply with the applicable procedural rules and are held to the same standards that apply to licensed attorneys. See Mansfield State Bank v. Cohn, 573 S.W.2d 181, 185 (Tex. 1978); Steffan v. Steffan, 29 S.W.3d 627, 631 (Tex. App.CHouston [14th Dist.] 2000, pet. denied

            On November 5, 2009, pursuant to Texas Rule of Appellate Procedure 38.9(b), this court issued an order stating that unless appellant filed a corrected brief complying with the rules of appellate procedure on or before November 23, 2009, the court would dismiss the appeal for want of prosecution. See Tex. R. App. P. 38.9(b). On November 17, 2009, appellant filed a document purportedly in response to our order. The document is not a brief; instead, appellant filed a copy of Rule 25.2 of the Texas Rules of Appellate Procedure concerning perfection of an appeal in a criminal case. See Tex. R. App. P. 25.2. Appellant also included a Certification of Defendant’s Right of Appeal, stating the case is a plea-bargain criminal case. To date, appellant has not filed a brief in compliance with our order.

Accordingly, the appeal is ordered dismissed.

                                                                        PER CURIAM

Panel consists of Chief Justice Hedges and Justices Anderson and Seymore.