Joshua G. Crampton v. John Montez and Carly Montez — Order
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Fourth Court of Appeals San Antonio, Texas October 20, 2026 No. 04-26-00437-CV Joshua G. CRAMPTON, Appellant v. John MONTEZ and Carly Montez, Appellees From the 498th District Court, Kendall County, Texas Trial Court No. 25-369 Honorable Merry Katherine McDaniel, Judge Presiding O R D E R On September 25, 2026, we issued an order striking appellant’s brief because the brief violated Texas Rule of Appellate Procedure 38.1. In our order, we noted that appellant’s brief did not contain: (1) citations to the appellate record; or (2) an appendix that includes a copy of “the trial court’s judgment or other appealable order from which relief is sought[.]” We notified appellant that if he did not file an amended brief that complied with the Texas Rules of Appellate Procedure, we would dismiss this appeal for want of prosecution. On October 19, 2026, appellant timely filed an amended brief. However, the brief does not fully comply with the applicable rules. For example, the citations to the clerk’s record include tab numbers rather than page numbers, and the citations to the reporter’s record use page numbers that do not exist in the reporter’s record. Additionally, there is no appendix attached to the brief. The amended brief therefore does not include Rule-compliant versions of the following: • Statement of Facts. • Argument, or • an Appendix. See id. R. 9.4, 9.5, 38.1. While we recognize appellant is acting pro se on appeal, “a pro se litigant is held to the same standards as licensed attorneys and must comply with applicable laws and rules of
procedure.” Strange v. Cont’l Cas. Co., 126 S.W.3d 676, 677 (Tex. App.—Dallas 2004, pet. denied). Nevertheless, despite the amended brief’s defects, we are not ordering appellant to file a second amended brief. We note, however, that the submission panel may determine that appellant has waived one or more issues due to inadequate briefing if the noted deficiencies are not corrected prior to submission. See Canton-Carter v. Baylor Coll. of Med., 271 S.W.3d 928, 931 (Tex. App.—Houston [14th Dist.] 2008, no pet.) (briefing waiver). Appellees’ brief is due on November 18, 2026. See TEX. R. APP . P. 38.6(b). _________________________________ Lori I. Valenzuela, Justice IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 20th day of October, 2026. ___________________________________ Caitlin A. McCamish, Clerk of Court
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