Eric Drake v. Seana Willing ( 2015 )

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-14-00665-CV
Eric Drake, Appellant
v.
Seanna Willing, Appellee
FROM THE DISTRICT COURT OF TRAVIS COUNTY, 200TH JUDICIAL DISTRICT
NO. D-1-GN-14-001215, HONORABLE CHARLES R. RAMSAY, JUDGE PRESIDING
ORDER
PER CURIAM
Appellant Eric Drake, appearing pro se, has filed a notice of appeal and a brief
with this Court. However, Drake’s appellate brief, including his statement of facts, exceeds the
maximum length based on word count established by Rule 9.4(i).1 Tex. R. App. P. 9.4(i)(1), (2)(B)
(computer-generated brief and response filed in appellate court must not exceed 15,000 words).
Accordingly, Drake is ordered to file an amended brief complying with the rules of appellate
procedure on or before May 15, 2015. If Drake fails to comply with this order, this Court may strike
appellant’s brief and dismiss this appeal. See id. R. 38.9.
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Rule 9.4(i)(1) specifies which portions of the brief must be counted for the purpose of
determining compliance with Rule 9.4’s length limitations. Tex. R. App. P. 9.4(i)(1). A “statement
of procedural history” contained in a petition for discretionary review to the Court of Criminal
Appeals of Texas is excluded from that word count. See id. R. 9.4(i)(1), 68.4(e). However, a brief’s
“statement of facts” section is not excluded. See id. R. 9.4(i)(1), 38.1.
It is so ordered this first day of May, 2015.
Before Chief Justices Rose, Justices Goodwin and Field
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