Johnny Paul Rivers v. Dallas County, City of Dallas, Texas

Opinion

DISMISS; Opinion Filed October 21, 2015.

In The Court of Appeals Fifth District of Texas at Dallas No. 05-14-01454-CV

JOHNNY PAUL RIVERS, Appellant V. DALLAS COUNTY AND CITY OF DALLAS, TEXAS, Appellees

On Appeal from the 193rd Judicial District Court Dallas County, Texas Trial Court Cause No. TX-13-50088

MEMORANDUM OPINION Before Justices Lang, Evans, and Whitehill Opinion by Justice Evans Appellant, representing himself without an attorney, timely filed this appeal from the trial

court’s adverse judgment in an action for unpaid property taxes. Appellant then filed his pro se

brief on February 20, 2015. By letter dated April 28, 2015, the Clerk of the Court notified

appellant that his brief was deficient and did not comply with the briefing requirements of Rule

38.1 of the Texas Rules of Appellate Procedure. Among other things, the letter informed

appellant that the brief: (1) did not contain a concise statement of the case, course of

proceedings, and trial court disposition supported by record references, (2) did not concisely

state all issues or points presented for review, (3) did not contain a concise statement of facts

supported by record references, (4) did not contain appropriate citations to the record or legal

authorities in the argument, (5) did not contain a proper certificate of service, and (6) one or

more identified items were omitted from the appendix. The letter instructed appellant to file an amended brief correcting all outlined deficiencies within ten days. Appellant was further

instructed that failure to correct the deficiencies would result in the dismissal of his appeal

without further notice. See TEX. R. APP. P. 38.8 (a)(1), 42.3(b), (c).

To date, appellant has not filed an amended brief. Accordingly, we dismiss this appeal.

See id. 42.3(b),(c); 43.2(f); Bolling v. Farmers Branch Indep. Sch. Dist., 315 S.W.3d 893, 895–

96 (Tex. App.—Dallas 2010, no pet.); Newman v. Clark, 113 S.W.3d 622, 623 (Tex. App.—

Dallas 2003, no pet.) (per curiam).

/David W. Evans/ DAVID EVANS JUSTICE 141454F.P05

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

JOHNNY PAUL RIVERS, Appellant On Appeal from the 193rd Judicial District Court, Dallas County, Texas No. 05-14-01454-CV V. Trial Court Cause No. TX-13-50088 Opinion delivered by Justice Evans, Justices DALLAS COUNTY and CITY OF Lang and Whitehill participating. DALLAS, TEXAS, Appellees

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

It is ORDERED that appellee Dallas County and City of Dallas, Texas recover their costs of this appeal from appellant Johnny Paul Rivers.

Judgment entered this 21st day of October, 2015.

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