In the Interest of S.A., a Child v. the State of Texas ( 2024 )

Dismissed and Opinion Filed March 18, 2024
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-23-01213-CV
IN THE INTEREST OF S.A., A CHILD
On Appeal from the 301st Judicial District Court
Dallas County, Texas
Trial Court Cause No. DF-21-14384
MEMORANDUM OPINION
Before Justices Molberg, Pedersen, III, and Justice Goldstein
Opinion by Justice Pedersen, III
Before the Court is appellee’s motion to dismiss this appeal. In the motion,
appellee asks the Court to dismiss the appeal because, despite being given the
opportunity to cure the briefing deficiencies identified in the Court’s February 8,
2024 letter, appellant’s corrected brief still fails to satisfy the requirements of Texas
Rule of Appellate Procedure 38.1. We agree with appellee, grant her motion, and
dismiss this appeal.
After appellant filed his brief, we sent him a letter explaining that, for
numerous reasons, it did not meet the requirements of rule 38.1 of the rules of
appellate procedure. In that letter, we provided appellant with a detailed explanation
of why the document he provided to the Court failed to comply with rule 38.1. We
informed appellant that if he did not file a brief that complied with rule 38.1 within
ten days, his appeal was subject to dismissal. While appellant did file another brief,
it, like the first, was inadequate to serve as a brief under the requirements of rule
38.1. In particular, among other things, appellant’s amended brief fails to include a
table of contents, a table of authorities, a statement of the case, the issues presented,
a statement of facts supported record cites, or an argument for the contentions made
with appropriate citations to authorities and to the record. See TEX. R. APP. P. 38.1.
Even liberally construing appellant’s brief, we conclude it is wholly
inadequate to present any questions for appellate review and is in flagrant violation
of rule 38.1. See TEX. R. APP. P. 38.1; Bolling v. Farmers Branch Indep. Sch. Dist.,
315 S.W.3d 893, 895 (Tex. App—Dallas 2010, no pet.). Under these circumstances,
we strike appellee’s amended brief, grant appellee’s motion, and dismiss this appeal.
See TEX. R. APP. P. 38.9(a); 42.3(b)(c).
/Bill Pedersen, III/
231213f.p05 BILL PEDERSEN, III
JUSTICE
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Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
IN THE INTEREST OF S.A., A On Appeal from the 301st Judicial
CHILD District Court, Dallas County, Texas
Trial Court Cause No. DF-21-14384.
No. 05-23-01213-CV Opinion delivered by Justice
Pedersen, III. Justices Molberg and
Goldstein participating.
In accordance with this Court’s opinion of this date, this appeal is
DISMISSED.
Judgment entered this 18th day of March, 2024.
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