Linda K. McCrary v. Eustolia P. Rios and Leonardo M. Rios

Order entered March 6, 2019
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-18-01395-CV
LINDA K. MCCRARY, Appellant
V.
EUSTOLIA P. RIOS AND LEONARDO M. RIOS, Appellees
On Appeal from the County Court at Law No. 1
Hunt County, Texas
Trial Court Cause No. CC1800388
ORDER
Before the Court is appellant’s motion to file brief. The motion was mailed February 27,
2019 and appears to be in response to our January 28, 2019 order directing appellant to file her
brief no later than February 28, 2019. It presents arguments concerning a security deposit and
apparent supersedeas bond appellant posted.
We construe the motion as appellant’s brief on the merits. However, it fails to comply
with the briefing requirements of Texas Rule of Appellate Procedure 38.1. Specifically, it does
not contain (1) a complete list of all parties to the trial court’s judgment or appealed order and
the names and addresses of all trial and appellate counsel; (2) a table of contents; (3) an index of
authorities; (4) a statement of the nature of the case and the trial court’s disposition of the case;
(5) a statement of facts supported by record references; or, (6) argument for the contentions made
with citations to the record. See TEX. R. APP. P. 38.1(a)-(d), (g), (i). Accordingly, we ORDER
appellant to file, no later than March 18, 2019, an amended brief that complies with the briefing
rules. The brief shall also be served on appellees in accordance with appellate rule 9.5. See id.
9.5.
We caution appellant that failure to comply may result in dismissal of the appeal without
further notice. See id. 38.8(a)(1), 42.3(b),(c).
/s/ ERIN A. NOWELL
JUSTICE