IRIS SIMMONS v. ACE AMERICAN INSURANCE CO (2017)

MEMORANDUM OPINION

Prior to the clerk's record being filed, appellant, a pro se litigant, filed a brief that was not in compliance with the rules of appellate procedure. By order dated September 22, 2016, we notified appellant that her brief was deficient. We instructed appellant to file, within thirty days after the date the clerk's record was filed, an amended brief correcting the noted deficiencies. We cautioned appellant that failure to file an amended brief that complied with the rules of appellate procedure might result in dismissal of the appeal without further notice. Appellant filed an amended brief on October 11, 2016. The amended brief, however, has failed to correct the previously noted deficiencies.

Pro se litigants are held to the same standard as licensed attorneys. See Strange v. Cont'l Cas. Co., 126 S.W.3d 676, 677–78 (Tex. App.––Dallas 2004, pet. denied). On appeal, as at trial, the pro se litigant must properly present her case. Id. Our appellate rules contain specific requirements for briefing that require, among other things, that an appellant provide a statement of facts, which includes references to the record, and an argument that is clear and concise with appropriate citations to authorities and the record. See TEX. R. APP. P. 38.1(g), (i). A reviewing court must have proper briefing in order to discharge its responsibility to review the appeal and make a decision that disposes of the appeal one way or the other. See Bolling v. Farmers Branch Indep. Sch. Dist., 315 S.W.3d 893, 895 (Tex. App.––Dallas 2010, no pet.).

While we do not adhere to any rigid rule about the form of the brief when determining whether an appellant's brief is deficient, we do “examine briefs for compliance with prescribed briefing rules,” including rule of appellate procedure 38.1. Id.; see also TEX. R. APP. P. 38.1.

Although we have given appellant an opportunity to correct her brief, it still contains deficiencies. Specifically, appellant's amended brief fails to comply with our briefing rules in several ways: it does not contain an index of authorities arranged alphabetically and indicating the pages of the brief where the authorities are cited; it does not contain a succinct, clear, and accurate statement of the arguments made in the body of the brief; and the argument does not contain appropriate citations to the record. See TEX. R. APP. P. 38.1(c),(h), & (i). Because appellant failed to provide this Court with proper briefing, we dismiss the appeal. See TEX. R. APP. P. 42.3(c).

CAROLYN WRIGHT CHIEF JUSTICE