Erasmo Figueroa v. Villas of Vista Del Norte ( 2015 )

Fourth Court of Appeals San Antonio, Texas November 10, 2015 No. 04-15-00238-CV Erasmo FIGUEROA, Appellant v. VILLAS OF VISTA DEL NORTE, Appellee From the County Court at Law No. 5, Bexar County, Texas Trial Court No. 2015CV01973 Honorable David J. Rodriguez, Judge Presiding ORDER On October 27, 2015, this court received pro se appellant=s brief. The brief does not comply with Texas Rule of Appellate Procedure 38.1 in that, among other defects, it fails to cite legal authority in support of the arguments presented and fails to include citations to the record. Appellant also failed to include a Certificate of Service. While substantial compliance with Rule 38 is sufficient, this court may order a party to amend, supplement, or redraw a brief if it flagrantly violates Rule 38. See TEX. R. APP. P. 38.9(a). We conclude that the formal defects described above constitute flagrant violations of Rule 38 requiring amendment. It is therefore ORDERED that appellant file an amended brief within fifteen days from the date of this order. Appellant shall attempt to support arguments with citation to legal authority and shall include citations to the Clerk’s Record or the Reporter’s Record where appropriate and necessary. Most importantly, appellant must serve the brief on opposing counsel and include a Certificate of Service with the brief. If the amended brief with Certificate of Service is not filed within 15 days of the date of this order or does not correct these violations, we may strike the brief and prohibit appellant from filing another. See TEX. R. APP. P. 38.9(a). _________________________________ Jason Pulliam, Justice IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 10th day of November, 2015. ___________________________________ Keith E. Hottle Clerk of Court