Ryan C. Carlson v. Wells Fargo Bank, NA

• Court: Court of Appeals of Texas
• Decided: January 29, 2019
• Docket: 01-18-00802-CV
• Status: Published

Opinion

COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON

ORDER STRIKING DOCUMENT FOR NONCOMPLIANCE WITH THE TEXAS RULES OF APPELLATE PROCEDURE

Cause Number: 01-18-00802-CV Style: Ryan C. Carlson v. Wells Fargo Bank, N.A. Type of document: Appellant’s Brief Date document filed: January 14, 2019 Document filed by: Appellant

The brief of appellant, Ryan C. Carlson, does not comply with the Texas Rules of Appellate Procedure 9.1(b) (signing by unrepresented party) and 9.5(e) (certificate of service). Although an amicus brief was filed on December 14, 2018, the amicus brief cannot be construed as appellant’s brief because a non-lawyer may not represent appellant on appeal as it constitutes the unauthorized practice of law. See Rodriguez v. Marcus, 484 S.W.3d 656, 657 (Tex. App.—El Paso 2016, no pet.). Accordingly, appellant’s brief is struck. See TEX. R. APP. P. 38.9(a). Appellant is granted 10 days from the date of this order to file a corrected brief complying with the Texas Rules of Appellate Procedure 9.1(b) and 9.5(e). See TEX. R. APP. P. 9.1(b), 9.5(e). Appellee’s “Objection to Filing of Brief and Motion to Strike Filing of Brief In Support of Appellant Ryan Carlson by Amicus Curiae” is denied as moot. Appellee’s “Wells Fargo’s Objection to Brief in Support of Appellant Ryan C. Carlson by Amicus Curiae” is denied.

Judge’s signature: /s/ Sherry Radack  Acting individually Acting for the Court

Panel consists of __________________________________________

Date:____January 29, 2019____