Pshatoia LaRose v. AT&T Inc.

• Court: Court of Appeals of Texas
• Decided: July 26, 2024
• Docket: 05-24-00165-CV
• Status: Published

Opinion

DISMISS and Opinion Filed July 26, 2024

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-24-00165-CV

PSHATOIA LAROSE, Appellant V. AT&T INC., Appellee

On Appeal from the 134th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-23-19047

MEMORANDUM OPINION Before Justices Reichek, Goldstein, and Garcia Opinion by Justice Garcia Appellant’s brief was originally due on April 10, 2024. By order dated May

7, 2024, we granted appellant’s motion to extend time to file her brief and ordered

her brief received on April 19, 2024 filed as of May 7, 2024. In that order, we

notified appellant, who is proceeding pro se, that her brief failed to comply with rule

38.1 of the Texas Rules of Appellate Procedure. See TEX. R. APP. P. 38.1. We listed

numerous defects in the brief, including that it did not contain a table of contents,

an index of authority indicating the pages of the brief where the authorities are cited,

or a statement of the case supported by record references. We further noted the brief did not contain a clear and concise argument for the contentions made with

appropriate citations to the record or to authority. We instructed appellant to file an

amended brief correcting these deficiencies within ten days. In the request, we

cautioned appellant that the appeal was subject to dismissal if appellant failed to file

an amended brief in compliance with the rules of appellate procedure.

Appellant filed an amended brief on May 17, 2024. However, like her initial

brief, the amended brief fails to cite to the record or to authority in support of her

contentions.

The purpose of an appellant’s brief is to acquaint the Court with the issues in

a case and to present argument that will enable us to decide the case. See TEX. R.

APP. P. 38.9. The right to appellate review extends only to complaints made in

accordance with our rules of appellate procedure, which require an appellant to

concisely articulate the issues we are asked to decide, to make clear, concise, and

specific arguments in support of appellant’s position, to cite appropriate authorities,

and to specify the pages in the record where each alleged error can be found. See

Tex. R. App. P. 38.1; Lee v. Abbott, No. 05-18-01185-CV, 2019 WL 1970521, at *1

(Tex. App—Dallas May 3, 2019, no pet.) (mem. op.); Bolling v. Farmers Branch

Indep. Sch. Dist., 315 S.W.3d 893, 895 (Tex. App—Dallas 2010, no pet.). Even

liberally construing appellant’s brief, we conclude it fails to acquaint the Court with

the issues in the case, does not enable us to decide the case, does not make clear,

concise, specific arguments, and is in flagrant violation of rule 38.

–2– Under these circumstances, we strike appellant’s brief and amended brief, and

we dismiss this appeal. See TEX. R. APP. P. 38.9(a); 42.3(b),(c).

/Dennise Garcia/ DENNISE GARCIA 240165F.P05 JUSTICE

–3– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT

PSHATOIA LAROSE, Appellant On Appeal from the 134th Judicial District Court, Dallas County, Texas No. 05-24-00165-CV V. Trial Court Cause No. DC-23-19047. Opinion delivered by Justice Garcia. AT&T INC., Appellee Justices Reichek and Goldstein participating.

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

Judgment entered July 26, 2024

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