Kathy Welch v. Gerardo Javier Alonso

• Court: Court of Appeals of Texas
• Decided: January 24, 2017
• Docket: 04-16-00620-CV
• Status: Published

Opinion

Fourth Court of Appeals San Antonio, Texas January 24, 2017

No. 04-16-00620-CV

Kathy WELCH, Appellant

v.

Gerardo Javier ALONSO, Appellee

From the County Court at Law No. 3, Bexar County, Texas Trial Court No. 2016CV04591 Honorable Karen Crouch, Judge Presiding

ORDER Appellant Kathy Welch filed a letter brief on January 18, 2017. However, the brief is materially deficient because:

(1) the brief does not identify any issues or points presented for review; these must be based on errors allegedly committed by the trial court, entitling Welch to reversal. See TEX. R. APP. P. 38.1(f);

(2) the brief does not contain any citations to the record in support of the facts asserted. See id. R. 38.1(d), (g), (i); and

(3) the brief does not contain any citations to or discussion of any authority in support of the arguments made. See 38.1 38.1(i).

Appellant is advised that as a pro se litigant, she must comply with all applicable procedural rules, and is held to the same standards as a licensed attorney. Paselk v. Rabun, 293 S.W.3d 600, 611 (Tex. App.—Texarkana 2009, pet. denied); Sweed v. City of El Paso, 346 S.W.3d 679, 680 (Tex. App.—El Paso 2009, pet. denied). A pro se litigant is required to properly present her case on appeal. Sweed, 346 S.W.3d at 680.

We order Welch to file an amended brief that corrects these deficiencies by February 8, 2017. See TEX. R. APP. P. 38.9. If the amended brief does not comply with this order and correct the deficiencies listed above, we “may strike the brief, prohibit [appellant] from filing another, and proceed as if [appellant] had failed to file a brief.” See id. R. 38.9(a); see also id. R. 38.8(a) (authorizing this court to dismiss appeal if appellant fails to timely file brief).

_________________________________ Luz Elena D. Chapa, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 24th day of January, 2017.

___________________________________ Keith E. Hottle Clerk of Court