CourtListener 10005036•In the Interest of K.M., Jr., K.M., III, K.R.M., P.R.M. and Z.R.M., Children v. the State of Texas
In the Interest of K.M., Jr., K.M., III, K.R.M., P.R.M. and Z.R.M., Children v. the State of Texas
CourtListener 10005036Txctapp515 juil. 2024
Texte intégral
DISMISS and Opinion Filed July 15, 2024
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-24-00016-CV
IN THE INTEREST OF K.M., JR., K.M., III, K.R.M., P.R.M. AND Z.R.M.,
CHILDREN
On Appeal from the 468th Judicial District Court
Collin County, Texas
Trial Court Cause No. 468-56122-2022
MEMORANDUM OPINION
Before Chief Justice Burns and Justices Molberg and Pedersen
Opinion by Justice Molberg
Appellant filed her brief on April 1, 2024. We then 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, or a
statement of the case supported by record references. Further, no part of the brief
contained any citations to the record or to any authorities. 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 a letter on April 29, 2024 informing the Court that she would not be filing an
amended brief.
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.
Although given the opportunity to correct the brief, appellant did not do so.
–2–
Under these circumstances, we strike appellant’s brief and dismiss this appeal.
See TEX. R. APP. P. 38.9(a); 42.3(b),(c).
/Ken Molberg/
KEN MOLBERG
240016F.P05 JUSTICE
–3–
S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
IN THE INTEREST OF K.M., JR., On Appeal from the 468th Judicial
K.M., III, K.R.M., P.R.M. AND District Court, Collin County, Texas
Z.R.M., CHILDREN Trial Court Cause No. 468-56122-
2022.
No. 05-24-00016-CV Opinion delivered by Justice
Molberg. Chief Justice Burns and
Justice Pedersen, III participating.
In accordance with this Court’s opinion of this date, the appeal is
DISMISSED.
Judgment entered July 15, 2024
–4–
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