Michael Hill v. Shermco Industries

Opinion

Order entered September 13, 2013

In The

Court of Appeals

Fifth District of Texas at Dallas No. 05-12-01101-CV

MICHAEL HILL, Appellant

V.

SHERMCO INDUSTRIES, Appellee

On Appeal from the 162nd Judicial District Court Dallas County, Texas

Trial Court Cause No. DC-10-04535

ORDER

On February 11, 2013, the Court ordered Sheretta Martin, Official Court Reporter for the

162nd Judicial District Court of Dallas County, Texas, to file either the reporter’s record or written verification that no hearings were recorded or no payment. By letter dated March 12, 2013, Sheretta Martin informed the Court that appellant had not requested preparation of the reporter’s record. Accordingly, this appeal will be submitted without a reporter’s record. See TEX. R. APP. P. 37.3(c)(1) & (2).

The clerk’s record was filed on September 10, 2013. Appellant filed his brief on May 20, 2013 before the clerk’s record was filed. Appellant’s brief is wholly deficient. See TEX. R. APP. P. 38.1. Accordingly, we STRIKE appellant’s brief. We ORDER appellant to file, WITHIN THIRTY DAYS OF THE DATE OF THIS ORDER, an amended brief that complies with the requirements set forth in rule of appellate procedure 38.1. We caution appellant that failure to file an amended brief within thirty days of the date of this order will result in dismissal of the appeal without further notice. See TEX. R. APP. P. 38.8(a)(1).

/s/ DAVID LEWIS

JUSTICE