Gregory Von Lee v. DART

DISMISSED; Opinion Filed May 24, 2019.
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-18-01358-CV
GREGORY VON LEE, Appellant
V.
DALLAS AREA RAPID TRANSIT, Appellee
On Appeal from the County Court at Law No. 1
Dallas County, Texas
Trial Court Cause No. CC-16-03665-A
MEMORANDUM OPINION
Before Justices Bridges, Brown, and Nowell
Opinion by Justice Nowell
Appellant’s amended brief in this case is overdue. Although appellant filed a brief on
February 11, 2019, it was deficient in that it did not comply with Texas Rule of Appellate
Procedure 38.1. See TEX. R. APP. P. 38.1. Specifically, the brief did not (1) contain a complete list
of all parties to the trial court’s judgment; (2) contain a table of contents indicating the subject
matter of each issue or point; (3) contain an index of authorities with page cites; (4) contain a
concise statement of the case, the course of proceedings, or the trial court’s disposition of the case;
(5) concisely state all issues presented for review; (6) contain a statement of facts with references
to the record; (7) contain a succinct, clear, and accurate summary of the arguments made in the
body of the brief; (8) contain a short conclusion stating the nature of the relief sought; and (9)
contain a proper certificate of compliance or a proper certificate of service. Furthermore, the
argument did not contain appropriate citations to the record or to authorities and the brief did not
have an appendix with the trial court judgment. See id. 38.1(a)‒(f), (g)‒(k). We provided appellant
with the opportunity to file an amended brief that complied with the requirements of rule 38.1
within ten days and cautioned him that failure to comply might result in dismissal of the appeal
without further notice. See id. 38.8(a)(1); 42.3 (b), (c). Appellant then filed an extension motion;
in an order dated March 21, 2019, we struck his original brief and ordered his amended brief due
on April 12, 2019. We expressly cautioned appellant that the failure to comply might result in the
dismissal of the appeal without further notice. Appellant did not file an amended brief and has not
corresponded with the Court about the status of the appeal.
Accordingly, we dismiss this appeal. TEX. R. APP. P. 38.8(a)(1); 42.3(b), (c).
/Erin A. Nowell/
ERIN A. NOWELL
JUSTICE
181358F.P05
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Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
GREGORY VON LEE, Appellant On Appeal from the County Court at Law
No. 1, Dallas County, Texas
No. 05-18-01358-CV V. Trial Court Cause No. CC-16-03665-A.
Opinion delivered by Justice Nowell,
DALLAS AREA RAPID TRANSIT, Justices Bridges and Brown participating.
Appellee
In accordance with this Court’s opinion of this date, the appeal is DISMISSED.
It is ORDERED that appellee DALLAS AREA RAPID TRANSIT recover its costs, if
any, of this appeal from appellant GREGORY VON LEE.
Judgment entered this 24th day of May, 2019.
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