LLC v. Federal National Mortgage Association a/k/a Fannie Mae as Assignee of Interest from Citimortgage, Inc., Appellee (2015)

MEMORANDUM OPINION

In this title dispute, Work It Out, LLC, appeals the trial court's summary judgment dismissing its claims against Federal National Mortgage Association.  In three issues, appellant complains the trial court erred in dismissing its claims.

After appellant filed its brief, this Court notified it by letter that the brief was deficient because it did not contain appropriate citations to the record as required by Texas Rules of Appellate Procedure 38.1(d), (g), and (i).  Appellant was given time to cure the deficiency.  The letter warned that failure to file a brief that complied with the appellate rules may result in dismissal of the appeal.  See Tex.R.App. P. 38.8(a)(1), 42.3(b), (c).

Thereafter, appellant filed what appears to be the exact brief as previously filed, again without any citations to the 302–page clerk's record, fourteen-page first supplemental clerk's record, or the 104–page second supplemental clerk's record.  Appellant's brief is deficient under our rules.  Although given the opportunity to correct the deficiency, appellant failed to do so.  Accordingly, we dismiss the appeal.  See id. 42.3(b), (c);  43.2(f);  Bolling v. Farmers Branch Indep.  Sch. Dist., 315 S.W.3d 893, 897 (Tex.App.—Dallas 2010, no pet.);  Newman v. Clark, 113 S.W.3d 622, 623 (Tex.App.—Dallas 2003, no pet.) (per curiam).

Opinion by Justice Francis