Bobby Bowen v. Robert E. White and Childs, Bishop & White, PC ( 2012 )

Order filed September 27, 2012

                                                                       In The

  Eleventh Court of Appeals

                                                                   __________

                                                         No. 11-12-00112-CV

                                                    __________

                                       BOBBY BOWEN, Appellant

                                                             V.

ROBERT E. WHITE AND CHILDS, BISHOP & WHITE, PC, Appellees

                                   On Appeal from the 70th District Court

                                                             Ector County, Texas

                                                  Trial Court Cause No. A-119,070

                                                                     O R D E R

            On September 13, 2012, this court received the brief of appellant, Bobby Bowen. That brief does not comply with Tex. R. App. P. 38.1 and, therefore, is not being filed in this court. Appellant is directed to file an amended brief in this court on or before October 9, 2012, that does comply with Rule 38.1.  Appellant is also directed to furnish, in a timely manner, copies of all future correspondence, briefs, and documents to opposing counsel pursuant to Tex. R. App. P. 9.5.  It has been suggested to this court that appellant’s counsel has failed to do so in the past.

            Appellees’ motion for sanctions will be carried until submission, at which time appellant’s counsel will be required to answer the allegations made by appellees in their motion.

                                                                                                PER CURIAM

September 27, 2012                                                               

Panel[1] consists of: Wright, C.J.,

McCall, J., and Hill.[2]

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[1]Eric Kalenak, Justice, resigned effective September 3, 2012.  The justice position is vacant pending appointment of a successor by the governor or until the next general election. 

[2]John G. Hill, Former Chief Justice, Court of Appeals, 2nd District of Texas at Fort Worth, sitting by assignment.