Richard L. Fleming III v. NASA Federal Credit Union

Opinion

Fourth Court of Appeals

San Antonio, Texas

March 8, 2022

No. 04-21-00555-CV

Richard L. FLEMING III,

Appellant

v.

NASA FEDERAL CREDIT UNION, Appellee

From the County Court, Guadalupe County, Texas Trial Court No. 2020CV0167 Honorable Bill Squires, Judge Presiding

ORDER

After the reporter’s and clerk’s records were filed, Appellant filed his brief on March 7, 2022, but Appellant’s brief does not comply with Rule 38.1 of the Texas Rules of Appellate Procedure. See TEX. R. APP. P. 38.1. Specifically, the brief has, among others, the following defects:

• the Statement of Facts has no citations to the clerk’s or reporter’s records, contra id.

R. 38.1(g);

• the Statement of Facts contains arguments, contra id.; and • the Argument section does not contain any citations to the clerk’s or reporter’s records, contra id. R. 38.1(i). This court may order a party to amend, supplement, or redraw a brief if it flagrantly violates Rule 38. See id. R. 38.9(a). We conclude that the defects described above constitute flagrant violations of Rule 38.

Therefore, we strike Appellant’s brief and order Appellant to file an amended brief within ten days of the date of this order. The amended brief must correct all the violations listed above and fully comply with the applicable rules. See, e.g., id. R. 9.4, 9.5, 38.1. If the amended brief does not comply with this order, 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 an appeal if an appellant fails to timely file a brief).

If Appellant timely files a brief that complies with this order, Appellee’s brief will be due thirty days after Appellant’s brief is filed. See TEX. R. APP. P. 38.6(b).

_________________________________

Patricia O. Alvarez, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 8th day of March, 2022.

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MICHAEL A. CRUZ, Clerk of Court