Billy Wayne Green, Appellant v. Stephanie Gaines, Appellee

Reset A A Font size: Print

Court of Appeals of Texas, Fort Worth.

Billy Wayne Green, Appellant v. Stephanie Gaines, Appellee

NO. 02–15–00214–CV

Decided: December 23, 2015

PANEL: LIVINGSTON, C.J.; DAUPHINOT and SUDDERTH, JJ.

MEMORANDUM OPINION 1

On July 7, 2015, Appellant Billy Wayne Green filed a notice of appeal of the trial court's June 9, 2015 protective order.  After Appellant filed his brief, we notified him that his brief did not comply with rule of appellate procedure 38.1(a), (c), (d), (g), (h), (i), and (k);  rule of appellate procedure 9.4(i);  rule of appellate procedure 9.9;  and local rule 7. See Tex.R.App. P. 9.4(i), 9.9, 38.1(a), (c), (d), (g), (h), (i), (k);  2nd Tex.App. (Fort Worth) Loc. R. 7. We informed Appellant that unless he filed an amended brief that complied with the above rules by November 5, 2015, we could strike his brief, waive his noncomplying points, or dismiss the appeal.  See Tex.R.App. P. 9, 38;  2nd Tex.App. (Fort Worth) Loc. R. 1, 7;  see also Tex.R.App. P. 42.3.

Instead of filing an amended brief, on November 9, 2015, Appellant filed a response to our letter suggesting how this court should construe his original brief.  Appellant's response does not bring his brief into conformity with the requirements of the rules of appellate procedure.  Therefore, we strike his brief and dismiss the appeal.  See Tex.R.App. P. 38.8(a), 38.9(a), 42.3, 43.2(f).

FOOTNOTES

1.    See Tex.R.App. P. 47.4.

BONNIE SUDDERTH, JUSTICE

Copied to clipboard