Tom Maddux, Individually and Dba Lost Prairie Cycles AKA Thomas Earl Maddux v. Michael D. Reid ( 2014 )

IN THE
TENTH COURT OF APPEALS
No. 10-13-00174-CV
TOM MADDUX, INDIVIDUALLY AND DBA
LOST PRAIRIE CYCLES; AKA THOMAS
EARL MADDUX,
Appellant
v.
MICHAEL D. REID,
Appellee
From the 87th District Court
Limestone County, Texas
Trial Court No. 29,549-A
ORDER
The Court has given appellant, who is representing himself in this appeal as he
did in the trial court, some latitude on the filing requirements in this appeal. There is,
however, a limit to that latitude that we cannot go beyond without impacting our
neutrality as a court and giving an unfair advantage to the self-represented party. We
have reached that limit.
Appellant has confirmed that he continues to rely on a document submitted by
appellant on July 24, 2013 as his brief in this appeal. This document was submitted
prior to the filing of the reporter’s record which appellant had requested and, after
many delays, was only recently filed with the Clerk of this Court. As we noted in our
August 15, 2013 Order, the July 24, 2013 document, as a brief, was premature because
the record had not been completed or filed. Nevertheless, appellant stands on it as his
brief. Because it was filed long before the reporter’s record was even prepared, the
“brief” could not contain the necessary references to the record to be a proper brief. See
TEX. R. APP. P. 38.1.
We will not detail all of the deficiencies of this “brief,” but among some of the
required items not included are: 1) a concise statement of all issues or points presented
for review; 2) a clear and concise argument for the contentions made; 3) citations to
authorities, and, of course, 4) citations to the appellate record. Id. at (f), (i).
Accordingly, appellant’s July 24, 2013 “brief” is stricken. Unless appellant files a
brief that complies with Rule 38.1 within 30 days from the date of this order, the Court
will proceed as if appellant has failed to file a brief and dismiss this appeal without
further notice. TEX. R. APP. P. 38.9(a); 38.8(a).
PER CURIAM
Before Chief Justice Gray,
Justice Davis, and
Justice Scoggins
Brief stricken
Maddux v. Reid Page 2
Order issued and filed September 11, 2014
Maddux v. Reid Page 3