Nasser Nakissa v. Sarah E. Menchaca

• Court: Court of Appeals of Texas
• Decided: January 28, 2022
• Docket: 04-21-00149-CV
• Status: Published

Opinion

FILE COPY

Fourth Court of Appeals San Antonio, Texas January 28, 2022

No. 04-21-00149-CV

Nasser NAKISSA, Appellant

v.

Sarah E. MENCHACA, Appellee

From the 131st Judicial District Court, Bexar County, Texas Trial Court No. 2018-CI-19593 Honorable Cathleen M. Stryker, Judge Presiding

ORDER Sitting: Beth Watkins, Justice Liza A. Rodriguez, Justice Lori I. Valenzuela, Justice

On January 25, 2022, we issued an order stating that appellant had not timely filed his brief. On January 27, 2022, appellant contacted this court and stated that he intended a letter he filed on November 13, 2021 to serve as his brief. Appellant’s November 13, 2021 letter violates several requirements of the Texas Rules of Appellate Procedure. Specifically, the letter brief:

 is not double spaced. See TEX. R. APP. P. 9.4(d);  does not contain a certificate of service. See TEX. R. APP. P. 9.5(d), (e);  does not “give a complete list of all parties to the trial court’s judgment or order appealed from, and the names and addresses of all trial and appellate counsel[.]” See TEX. R. APP. P. 38.1(a);  does not contain a table of contents or index of authorities. See TEX. R. APP. P. 38.1(c);  does not “state concisely the nature of the case . . . the course of proceedings, and the trial court’s disposition of the case.” See TEX. R. APP. P. 38.1(d);  does not “state concisely all issues or points presented for review.” See TEX. R. APP. P. 38.1(f);  does not contain a statement of facts “supported by record references” or “a clear and concise argument for the contentions made, with appropriate citations to authorities and to the [appellate] record.” See TEX. R. APP. P. 38.1(g), 38.1(i); FILE COPY

 does not “contain a short conclusion that clearly states the nature of the relief sought.” See TEX. R. APP. P. 38.1(j); and  is not accompanied by an appendix containing copies of the documents required by Texas Rule of Appellate Procedure 38.1(k). See id. R. 38.1(k).

Accordingly, we ORDER appellant’s November 13, 2021 brief STRICKEN. We ORDER appellant to file an amended brief in this court complying with Rules 9.4 and 38.1 by February 28, 2022 or this appeal will be dismissed for want of prosecution. See TEX. R. APP. P. 38.9, 42.3.

It is so ORDERED January 28, 2022.

PER CURIAM

ATTESTED TO:__________________________ MICHAEL A. CRUZ, CLERK OF COURT