In the Interest of K.I., E.I. and R.I., III, Children v. the State of Texas

Dismissed and Opinion Filed June 28, 2024.

S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-23-01166-CV

IN THE INTEREST OF K.I., E.I., AND R.I., III, CHILDREN

On Appeal from the 303rd Judicial District Court
Dallas County, Texas
Trial Court Cause No. DF-22-05215

MEMORANDUM OPINION
Before Justices Partida-Kipness, Pedersen, III, and Carlyle
Opinion by Justice Partida-Kipness
Appellant filed her brief on February 29, 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 or a statement of the

case supported by record references. Further, no part of the brief contained any

citations to the record or 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. To date, appellant has neither filed an amended brief nor

corresponded with the Court concerning the status of appellant’s 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 the court will be 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.

Under these circumstances, we strike appellant’s brief and dismiss this appeal. See

TEX. R. APP. P. 38.9(a); 42.3(b),(c).

/Robbie Partida-Kipness/
ROBBIE PARTIDA-KIPNESS
JUSTICE
231166F.P05

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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT

IN THE INTEREST OF K.I., E.I., On Appeal from the 303rd Judicial
AND R.I., III, CHILDREN District Court, Dallas County, Texas
Trial Court Cause No. DF-22-05215.
No. 05-23-01166-CV Opinion delivered by Justice Partida-
Kipness. Justices Pedersen, III and
Carlyle participating.

In accordance with this Court’s opinion of this date, this appeal is
DISMISSED.

Judgment entered June 28, 2024

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