Cristina Castaneda v. Dannette Zuniga ( 2015 )

NUMBER 13-14-00606-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
____________________________________________________________
CRISTINA CASTANEDA, Appellant,
v.
DANNETTE ZUNIGA, Appellee.
____________________________________________________________
On appeal from the County Court at Law No. 2
of Hidalgo County, Texas.
____________________________________________________________
ORDER OF ABATEMENT
Before Chief Justice Valdez and Justices Benavides and Perkes
Order Per Curiam
This cause is before the Court on the record and briefs. Appellant’s first amended
brief was received and filed on April 6, 2015 and appellant’s second amended brief was
received and filed on April 7, 2015. Upon review of the appellant’s amended briefs, we
find that the briefs contain numerous formal defects and that case has not been properly
presented. See TEX. R. APP. P. 38.9. In particular, the brief (1) does not state concisely
and without argument the facts pertinent to the issues or points presented as required by
Rule 38.1(d); and (2) does not contain a clear and concise argument for the contentions
made, with appropriate citations to the authorities and to the record.
Accordingly, under the authority of Texas Rule of Appellate Procedure 38.9(a) and
(b), we STRIKE appellant’s amended briefs and ABATE this matter to allow appellant to
redraw her brief.
Appellant is hereby ORDERED to file an amended brief with this Court that
complies with the above rules within fifteen days from the date of this order. In
accordance with Rule 38.1, the facts pertinent to the appeal and the issues and argument
presented in the brief must be clear and concise.
If appellant files an amended brief that fails to comply with this order of the Court
and the Texas Rules of Appellate Procedure, the Court may strike the brief, prohibit
appellant from filing another, and proceed as if appellant had failed to file a brief. See
id. 38.9(a). Under such circumstances, the Court may dismiss the appeal for want of
prosecution and appellant’s failure to comply with this Court’s directive and the appellate
rules. See id. 38.8(a)(1), 42.3(b),(c).
This appeal will be reinstated upon the expiration of fifteen days from the date of
this order, or the date that appellant’s amended brief is filed, whichever occurs first.
IT IS SO ORDERED.
PER CURIAM
Delivered and filed the
6th day of July, 2015.
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