Terry-Brayton Adams v. Protex Investments, LLC

Court of Appeals of Texas

Terry-Brayton Adams v. Protex Investments, LLC

Court of Appeals of Texas·Decided August 1, 2023·No. 01-23-00010-CV·Published

Opinion

Opinion issued August 1, 2023

In The

Court of Appeals

For The

First District of Texas

38.1. In the order striking appellant’s brief, the Court noted the precise portions of the brief that were inadequate, including the failure to include citations to the record in the statement of facts and argument sections and the failure to include citations to authority. The Court stated that appellant should file a brief in compliance with Rule 38.1 within 20 days from the date of the order or the appeal might be dismissed.

The corrected brief was due on May 1, 2023. The Court granted two extensions of time to file the corrected brief until August 7, 2023. Appellant tendered another brief on July 20, 2023. This brief also fails to comply with our order of April 11, 2023 or Rule 38.1 in that it does not include sections identifying the parties, a table of contents, an index of authorities, citations to the record in the statement of the case or statement of facts, or an argument with citations to the record or to authority.1 See TEX. R. APP. P. 38.1.

We dismiss the appeal because the redrawn brief does not comply with Rule 38.1 or this Court’s order. Although we liberally construe briefs, appellant has not substantially complied with the briefing rules. See Harkins v. Dever Nursing Home, 999 S.W.2d 571, 573 (Tex. App.—Houston [14th Dist.] 1999, no pet.).

1 Moreover, an argument concerning an issue “that is not supported by argument or citation to legal authority presents nothing for the court to review.” See Fed. Corp., Inc. v. Truhlar, 632 S.W.3d 697, 725 (Tex. App.—

El Paso 2021, pet. denied).

Under these circumstances, we have determined that dismissal of the appeal is warranted.

PER CURIAM

Panel consists of Justices Kelly, Hightower, and Countiss.

Free access — add to your briefcase to read the full text and ask questions with AI

Opinion issued August 1, 2023

In The

Court of Appeals

For The

First District of Texas

38.1. In the order striking appellant’s brief, the Court noted the precise portions of the brief that were inadequate, including the failure to include citations to the record in the statement of facts and argument sections and the failure to include citations to authority. The Court stated that appellant should file a brief in compliance with Rule 38.1 within 20 days from the date of the order or the appeal might be dismissed.

The corrected brief was due on May 1, 2023. The Court granted two extensions of time to file the corrected brief until August 7, 2023. Appellant tendered another brief on July 20, 2023. This brief also fails to comply with our order of April 11, 2023 or Rule 38.1 in that it does not include sections identifying the parties, a table of contents, an index of authorities, citations to the record in the statement of the case or statement of facts, or an argument with citations to the record or to authority.1 See TEX. R. APP. P. 38.1.

We dismiss the appeal because the redrawn brief does not comply with Rule 38.1 or this Court’s order. Although we liberally construe briefs, appellant has not substantially complied with the briefing rules. See Harkins v. Dever Nursing Home, 999 S.W.2d 571, 573 (Tex. App.—Houston [14th Dist.] 1999, no pet.).

1 Moreover, an argument concerning an issue “that is not supported by argument or citation to legal authority presents nothing for the court to review.” See Fed. Corp., Inc. v. Truhlar, 632 S.W.3d 697, 725 (Tex. App.—

El Paso 2021, pet. denied).

Under these circumstances, we have determined that dismissal of the appeal is warranted.

PER CURIAM

Panel consists of Justices Kelly, Hightower, and Countiss.

Terry-Brayton Adams v. Protex Investments, LLC, (Tex. Ct. App. 2023).

Pincite

Terry-Brayton Adams v. Protex Investments, LLC (Terry-Brayton Adams v. Protex Investments, LLC) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related