38 38 42 113 622 623 2003 v. << (2011)

Court of Appeals of Texas, Waco.

Rule 38.9 provides that “substantial compliance” with the briefing rules is required subject to exceptions.  Tex.R.App. P. 38.9.  First, if the court determines that the briefing rules have been flagrantly violated as to form, the court may require the appellant to amend, supplement, or redraw her brief.  Tex.R.App. P. 38.9(a).  If the appellant files another brief that does not comply, the court may strike the brief, prohibit the party from filing another, and proceed as if the party did not file a brief.  Id. Accordingly, because this court informed Appellant of the substantial defects in her brief, and Appellant failed to file an amended brief that cured those defects, we strike Appellant's brief and dismiss the appeal.  See Tex.R.App. P. 38.8(a)(1), 38.9(a), 42.3(c);  Newman v. Clark, 113 S.W.3d 622, 623 (Tex.App.—Dallas 2003, no pet.).

NO. 02–10–00413–CV

Decided: April 25, 2011