Court of Appeals of Texas, Fourth District, San Antonio
the County Court at Law No. 3, Bexar County, Texas Trial
Court No. 2016CV04843 Honorable Tommy Stolhandske, Judge
Marialyn Barnard, Justice.
filed his brief on June 12, 2017. The brief does not comply
with Rule 38.1 of the Texas Rules of Appellate Procedure.
See Tex. R. App. P. 38.1. Specifically, the brief
violates Texas Rule of Appellate Procedure 38.1 in that it
does not contain:
(1)a table of contents;
(2)an index of authorities;
(3)a proper statement of the case;
(4) a proper statement of the issues presented, setting out
what errors were allegedly committed by the trial court;
(5)a statement of facts with record references;
(6)a proper summary of the argument;
(7)proper legal argument with appropriate citation to
authorities and the appellate record; or
(8)a proper appendix.
See id. R. 38.1(b) (requiring table of contents),
38.1(c) (requiring index of authorities), 38.1(d) (requiring
statement of case supported by record references that does
not exceed one-half page); 38.1(f) (requiring concise
statement of issues presented), 38.1(g) (requiring statement
of facts with record reference), 38.1(h) (requiring succinct,
clear, and accurate summary of arguments made in body of
brief), 38.1(i) (requiring argument with appropriate citation
to authority and record), and 38.1(k) (requiring appendix
with copy of judgment or other appealable order, any jury
charge and verdict form, any findings of fact and conclusions
of law, and text of applicable rules, regulations,
ordinances, statutes, constitutional provisions, or other law
on which argument is based, or any contract or other document
central to argument).
substantial compliance with Rule 38.1 is generally
sufficient, this court may order a party to amend,
supplement, or redraw a brief if it flagrantly violates Rule
38.1. See id. R. 38.9(a). We conclude that the
formal defects described above constitute flagrant violations
of Rule 38.1.
that in his brief, appellant makes several
"requests." In actuality, these motions in which
appellant is requesting relief from this court. Appellant is
advised that such requests should be made in motion form and
in documents separate from the appellate brief. See
Tex.R.App.P. 10.1(a) (stating that party must apply by motion
for order ...