In the Interest of H.F., a Child v. the State of Texas ( 2024 )

DISMISS and Opinion Filed July 18, 2024
S In the
Court of Appeals
Fifth District of Texas at Dallas
No. 05-23-00112-CV
IN THE INTEREST OF H.F., A CHILD
On Appeal from the 254th Judicial District Court
Dallas County, Texas
Trial Court Cause No. DF-08-20838
MEMORANDUM OPINION
Before Justices Partida-Kipness, Pedersen, III, and Carlyle
Opinion by Justice Carlyle
Appellant filed his brief on November 21, 2023. We then notified appellant,
who is proceeding pro se, that his brief failed to comply with rule 38.1 of the Texas
Rules of Appellate Procedure. We listed numerous defects in the brief, including that
it did not contain a table of contents, an index of authority, or a statement of the case
supported by record references. Further, no part of the brief contained any citations
to the record or to any authorities. We instructed appellant to file an amended brief
correcting these deficiencies within ten days. In the request, we cautioned appellant
that the appeal was subject to dismissal if appellant failed to file an amended brief
in compliance with the rules of appellate procedure.
Appellant filed an amended brief on March 8, 2024. However, like his original
brief, the amended brief has numerous defects including the lack of a table of
contents, an index of authority, and no part of the brief contains citations to the record
or to any authorities.
The purpose of an appellant’s brief is to acquaint the Court with the issues in
a case and to present argument that will enable us to decide the case. See TEX. R.
APP. P. 38.9. The right to appellate review extends only to complaints made in
accordance with our rules of appellate procedure, which require an appellant to
concisely articulate the issues we are asked to decide, to make clear, concise, and
specific arguments in support of appellant’s position, to cite appropriate authorities,
and to specify the pages in the record where each alleged error can be found. See
TEX. R. APP. P. 38.1; Lee v. Abbott, No. 05-18-01185-CV, 2019 WL 1970521, at *1
(Tex. App—Dallas May 3, 2019, no pet.) (mem. op.); Bolling v. Farmers Branch
Indep. Sch. Dist., 315 S.W.3d 893, 895 (Tex. App—Dallas 2010, no pet.). Even
liberally construing appellant’s corrected brief, we conclude it fails to acquaint the
Court with the issues in the case, does not enable us to decide the case, does not
make clear, concise, specific arguments, and is in flagrant violation of rule 38.
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Under these circumstances, we strike appellant’s brief and amended brief and
dismiss this appeal. See TEX. R. APP. P. 38.9(a); 42.3(b),(c).
/Cory L. Carlyle/
CORY L. CARLYLE
JUSTICE
230112F.P05
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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
IN THE INTEREST OF H.F., A On Appeal from the 254th Judicial
CHILD District Court, Dallas County, Texas
Trial Court Cause No. DF-08-20838.
No. 05-23-00112-CV Opinion delivered by Justice Carlyle.
Justices Partida-Kipness and
Pedersen, III participating.
In accordance with this Court’s opinion of this date, this appeal is
DISMISSED.
Judgment entered July 18, 2024
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