Court of Appeals of Texas, Fifth District, Dallas
ONE THOUSAND TWO HUNDRED TWENTY DOLLARS UNITED STATES CURRENCY AND ENRIQUE HENRY MEDINA, Appellant
THE STATE OF TEXAS, Appellee
Appeal from the 59th Judicial District Court Grayson County,
Texas Trial Court Cause No. CV-16-0681
Chief Justice Wright, Justice Lang-Miers, and Justice
CAROLYN WRIGHT CHIEF JUSTICE
appellant Enrique Henry Medina appeals the default judgment
of forfeiture in the amount of one thousand two hundred
twenty dollars against him. The Court sent a letter to
appellant on February 22, 2017, and advised him that his
brief did not satisfy the requirements of rule 38 of the
Texas Rules of Appellate Procedure. See Tex. R. App.
P. 38. The Court's letter to appellant listed multiple
deficiencies with appellant's brief. Appellant's
brief is a four-page letter style brief. The Court's
letter informed appellant that his appeal might be dismissed
without further notice if he failed to file an amended brief
complying with the rules of appellate procedure within ten
days of February 22, 2017. Appellant has not responded to the
Court's letter and has failed to file an amended brief.
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 his case. Id. 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.).
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 Tex. R. App. P. 38.1. Here,
appellant's brief fails to comply with our briefing rules
in several ways:
• It does not contain a complete list of all parties to
the trial court's judgment or appealable order with the
names and addresses of all trial and appellate counsel.
• It does not contain a table of contents with
references to the pages of the brief. Tex.R.App.P. 38.1(b).
• The table of contents does not indicate the subj ect
matter of each issue or point, or group of issues or points.
• It does not contain an index of authorities arranged
alphabetically and indicating the pages of the brief where
the authorities are cited. Tex.R.App.P. 38.1(c).
• It does not contain a concise statement of the case,
the course of proceedings, and the trial court's
disposition of the case supported by record references.
• It does not concisely state all issues or points
presented for review. Tex.R.App.P. 38.1(f).
• It does not contain a concise statement of the facts
supported by record references. Tex.R.App.P. 38.1(g).
• It does not contain a succinct, clear, and accurate
statement of the arguments made in the body of the ...