James Taylor v. Plano Housing Corporation ( 2024 )

DISMISS and Opinion Filed July 17, 2024
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-23-01182-CV
JAMES TAYLOR, Appellant
V.
PLANO HOUSING CORPORATION, Appellee
On Appeal from the County Court at Law No. 4
Collin County, Texas
Trial Court Cause No. 004-01709-2023
MEMORANDUM OPINION
Before Chief Justice Burns, Justice Pedersen, III, and Justice Carlyle
Opinion by Chief Justice Burns
Appellant filed his brief on June 18, 2024.1 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. See TEX. R. APP. P. 38.1. 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
1
Following two extensions of time to file his brief, appellant filed a letter to the Court explaining why
he believed the trial court did not follow the law. We construed his letter as appellant’s brief.
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. To date, appellant has neither filed an amended brief nor
corresponded with the Court concerning the status of appellant’s brief.
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 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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Although given the opportunity to correct the brief, appellant did not do so.
Under these circumstances, we strike appellant’s brief and dismiss this appeal. See
TEX. R. APP. P. 38.9(a); 42.3(b),(c).
/Robert D. Burns, III/
ROBERT D. BURNS, III
CHIEF JUSTICE
231182F.P05
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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
JAMES TAYLOR, Appellant On Appeal from the County Court at
Law No. 4, Collin County, Texas
No. 05-23-01182-CV V. Trial Court Cause No. 004-01709-
2023.
PLANO HOUSING Opinion delivered by Chief Justice
CORPORATION, Appellee Burns. Justices Pedersen, III and
Carlyle participating.
In accordance with this Court’s opinion of this date, this appeal is
DISMISSED.
Judgment entered July 17, 2024
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