Connie Marie MacInnes v. Deborah Butts and Darlene Crandall ( 2014 )

DISMISS and Opinion Filed December 15, 2014.
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-14-00248-CV
CONNIE MARIE MACINNES, Appellant
V.
DEBORAH BUTTS AND DARLENE CRANDALL, Appellees
On Appeal from the 162nd Judicial District Court
Dallas County, Texas
Trial Court Cause No. DC-12-03784-I
MEMORANDUM OPINION
Before Justices Bridges, Lang-Miers, and Myers
Opinion by Justice Myers
Before the Court is appellees’ motion to dismiss the appeal. Appellees contend the
appeal should be dismissed because appellant, appearing pro se, has failed to file a brief that
complies with the rules of appellate procedure. See TEX. R. APP. P. 38.1.
Initially, we must note that a pro se litigant is held to the same standards as licensed
attorneys and must comply with applicable laws and rules of procedure. See Strange v. Cont’l
Cas. Co., 126 S.W.3d 676, 677-78 (Tex. App.—Dallas 2004, pet. denied). On appeal, as at trial,
the pro se appellant must properly present its case.
Appellant’s original appellate brief was deficient. We notified appellant of the multiple
deficiencies and directed her to file an amended brief. We cautioned appellant that failure to file
an amended brief correcting the deficiencies may result in dismissal of the appeal without further
notice. Appellant filed an amended brief. The amended brief, however, failed to correct all of
the deficiencies. Among other deficiencies, the amended brief contains no citations to the record
and fails to contain a clear and concise argument for the contentions made with appropriate
citations to authorities. See TEX. R. APP. P. 38.1 (d), (g) & (i).
Appellant filed a response to appellees’ motion, but nothing in her response persuades us
her appeal should not be dismissed. We have given appellant an opportunity to correct her
amended brief. Because her amended brief failed to correct major deficiencies, we grant
appellee’s motion and dismiss the appeal. See TEX. R. APP. P. 42.3(b) & (c).
/Lana Myers/
LANA MYERS
140248F.P05 JUSTICE
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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
CONNIE MARIE MACINNES, Appellant On Appeal from the 162nd Judicial District
Court, Dallas County, Texas.
No. 05-14-00248-CV V. Trial Court Cause No. DC-12-03784-I.
Opinion delivered by Justice Myers.
DEBORAH BUTTS AND DARLENE Justices Bridges and Lang-Miers,
CRANDALL, Appellees participating.
In accordance with this Court’s opinion of this date, the appeal is DISMISSED.
It is ORDERED that appellees DEBORAH BUTTS AND DARLENE CRANDALL
recover their costs of this appeal from appellant CONNIE MARIE MACINNES.
Judgment entered this 15th day of December, 2014.
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