CourtListener 10025366•Tadael Girma Melka v. Kyle Sarles, Matthew Shuler, and Murphy Police Department
Tadael Girma Melka v. Kyle Sarles, Matthew Shuler, and Murphy Police Department
CourtListener 10025366Txctapp524 juil. 2024
Texte intégral
DISMISS and Opinion Filed July 24, 2024
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-23-00947-CV
TADAEL GIRMA MELKA, Appellant
V.
KYLE SARLES, MATTHEW SHULER, AND MURPHY POLICE
DEPARTMENT, Appellees
On Appeal from the 199th Judicial District Court
Collin County, Texas
Trial Court Cause No. 199-02660-2023
MEMORANDUM OPINION
Before Justices Smith, Miskel, and Breedlove
Opinion by Justice Smith
On January 25, 2024, we notified appellant, who is proceeding pro se, that his
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 statement of the case, a table of authorities, or a table of contents.
More importantly, the brief did not contain any citations to the record or to
authorities. We instructed appellant to file an amended brief correcting the
deficiencies within ten days.
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. And we are not responsible for searching the record for facts that may
be favorable to a party’s position. Bolling v. Farmers Branch Indep. Sch. Dist., 315
S.W.3d 893, 895 (Tex. App—Dallas 2010, no pet.)(citing Fredonia State Bank v.
Gen. Am. Life Ins. Co., 881 S.W.2d 279, 283–284 (Tex. 1994)). Thus, 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, 315 S.W.3d at 895.
Even liberally construing appellant’s brief, we conclude that it is wholly
inadequate to present any questions for appellate review and is in flagrant violation
of rule 38.1. See Tex. R. App. P. 38.1; Bolling, 315 S.W.3d at 895. Further, although
directed to correct all deficiencies, appellant has failed to do so.
–2–
Under these circumstances, we strike appellant’s brief and dismiss this appeal for
want of prosecution. See TEX. R. APP. P. 38.9(a); 42.3(b),(c).
/Craig Smith/
CRAIG SMITH
230947F.P05 JUSTICE
–3–
S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
TADAEL GIRMA MELKA, On Appeal from the 199th Judicial
Appellant District Court, Collin County, Texas
Trial Court Cause No. 199-02660-
No. 05-23-00947-CV V. 2023.
Opinion delivered by Justice Smith.
KYLE SARLES, MATTHEW Justices Miskel and Breedlove
SHULER, AND MURPHY POLICE participating.
DEPARTMENT, Appellees
In accordance with this Court’s opinion of this date, this appeal is
DISMISSED.
Judgment entered July 24, 2024
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