Philip Morgan Ireland v. the County of Freestone, Texas

• Court: Court of Appeals of Texas
• Decided: February 8, 2024
• Docket: 10-23-00210-CV
• Status: Published

Opinion

IN THE TENTH COURT OF APPEALS

No. 10-23-00210-CV

PHILIP MORGAN IRELAND, Appellant v.

THE COUNTY OF FREESTONE, TEXAS, Appellee

From the 87th District Court Freestone County, Texas Trial Court No. CV22279

MEMORANDUM OPINION

Phillip Morgan Ireland appealed the trial court’s Final Judgment regarding

Freestone County’s ability to sell Ireland’s property for delinquent taxes. Ireland’s brief

in this appeal was due December 15, 2023. On December 11, 2023, the Court received a

document from Ireland. The document did not concern the appeal; rather, it concerned

an alleged discrimination against Ireland by a bank regarding a loan for a new vehicle.

By letter dated January 4, 2024, the Clerk of this Court informed Ireland that his

December 11, 2023 document could not be considered Ireland’s brief, even construing it

liberally for a pro se appellant like Ireland. In the same letter, the Clerk warned Ireland that his appeal would be dismissed unless, within 21 days from the date of the letter, a

brief was filed in substantial compliance with the Court’s briefing rules set out in Texas

Rule of Appellate Procedure 38.1 or a response showing grounds for continuing the

appeal was filed.

On January 18, 2024, the Court received a document from Ireland directed to the

United States District Court for the Western District of Texas, listing Patrick Simmons,

Robert L. Meyers, the State of Texas, and the State Bar Association as defendants and

entitled, “5.5 MILLION DOLLAR CIVIL LAWSUIT FOR WRONGFUL FORECLOSURE.”

With this document, Ireland is attempting to file, or is providing us with a courtesy copy

of, a federal civil lawsuit against two individuals and two entities. 1 The document,

clearly, is not a brief for this appeal.

More than 21 days have passed and neither a brief in substantial compliance with

the Rules of Appellate Procedure for this appeal nor a response showing grounds for

continuing this appeal have been filed. Accordingly, this appeal is dismissed. See TEX.

R. APP. P. 38.8(a)(1); 42.3(b).

TOM GRAY Chief Justice

Before Chief Justice Gray, Justice Johnson, and Justice Smith Appeal dismissed Opinion delivered and filed February 8, 2024 [CV06]

1 These two individuals and two entities are not parties to the appeal in this Court. Ireland v. County of Freestone Page 2