Arthur Bouier v. Jeff 1, LLC ( 2021 )

Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-21-00145-CV
Arthur BOUIER,
Appellant
v.
JEFF 1, LLC,
Appellee
From the 408th Judicial District Court, Bexar County, Texas
Trial Court No. 2020-CI-00448
Honorable Laura Salinas, Judge Presiding
PER CURIAM
Sitting: Patricia O. Alvarez, Justice
Luz Elena D. Chapa, Justice
Irene Rios, Justice
Delivered and Filed: June 9, 2021
DISMISSED FOR WANT OF PROSECUTION
In this appeal of a judgment from a trespass-to-try title case, Appellant filed his brief on
May 7, 2021, but Appellant’s brief did not comply with Rule 38.1 of the Texas Rules of Appellate
Procedure. See TEX. R. APP. P. 38.1. On May 13, 2021, we advised Appellant that his brief had
the following defects:
• the Statement of the Case is just over two pages long, discusses the facts, and includes
arguments, contra id. R. 38.1(d);
• the Statement of Facts refers to numerous documents, but it has only one citation to the
clerk’s record, and it refers to several documents or authorities that appear to be outside
the appellate record, contra id. R. 38.1(g); Greystar, LLC v. Adams, 426 S.W.3d 861,
04-21-00145-CV
865 (Tex. App.—Dallas 2014, no pet.) (“[A]n appellate court may not consider matters
outside the record . . . .”);
• the Argument section contains no citations to the record, contra id. R. 38.1(i);
• there is no Appendix, contra id. R. 38.1(k); and
• the Certificate of Compliance omits the required word count, contra id. R. 9.4(i)(3).
In our May 13, 2021 order, we struck Appellant’s brief and ordered Appellant to file an
amended brief by May 24, 2021. We advised Appellant that the amended brief must correct all
the violations listed above and fully comply with the applicable rules. See, e.g., id. R. 9.4, 9.5,
38.1. We warned Appellant that if the amended brief did not comply with our order, we “may
strike the brief, prohibit [Appellant] from filing another, and proceed as if [Appellant] had failed
to file a brief.” See id. R. 38.9(a); see also id. R. 38.8(a) (authorizing this court to dismiss an appeal
if an appellant fails to timely file a brief).
Appellant has not filed a response to our May 13, 2021 order. Therefore, we dismiss this
appeal for want of prosecution. See TEX. R. APP. P. 9.4, 38.8(a)(1), 38.9(a), 42.3(b),(c).
PER CURIAM
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