Ronroyal Owens v. Jerry Alexander and Billy D. Wyatt

Order entered November 15, 2018
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-18-00123-CV
RONROYAL OWENS, Appellant
V.
JERRY ALEXANDER AND BILLY D. WYATT, Appellees
On Appeal from the 191st Judicial District Court
Dallas County, Texas
Trial Court Cause No. DC-07-04346
ORDER
Before the Court is appellee Jerry Alexander’s November 5, 2018 motion to dismiss the
appeal based on appellant’s failure to file a brief. Because appellant filed a brief November 8,
2018, we DENY the motion.
We note appellant’s brief fails to comply with the briefing requirements of Texas Rule of
Appellate Procedure 38.1. Rule 38.1 requires an appellant’s brief to contain
(a) a complete list of all parties to the trial court’s judgment or order
appealed from, and the name and addresses of all trial and appellate
counsel, except as otherwise provided in Rule 9.8;
(b) a table of contents;
(c) an index of authorities;
(d) a concise statement of the nature of the case, the course of
proceedings, and the trial court’s disposition of the case;
(e) a statement explaining why oral argument should or should not be
granted;
(f) a concise statement of all issues presented;
(g) a concise and non-argumentative statement of the facts supported by
record references;
(h) a succinct, clear, and accurate statement of the arguments made in the
body of the brief;
(i) a clear and concise argument for the contentions made, with
appropriate citations to authorities and the record;
(j) a short conclusion stating the nature of the relief sought; and
(k) an appendix that includes the trial court’s judgment or order appealed
from, any jury charge and verdict or findings of fact and conclusions
of law, the text of any relevant law on which argument is based, and
the text of any contract or other document that is central to the
argument.
See TEX. R. APP. P. 38.1. Of these requirements, the brief contains only a list of the
parties, a summary of the argument, and a prayer for relief.
Accordingly, we ORDER appellant to file no later than November 26, 2018, an
amended brief that complies with the rule. We caution that failure to comply will result
in dismissal of the appeal without further notice. See id. 38.8(a), 42.3(b),(c).
/s/ DAVID EVANS
JUSTICE