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Thomas v. The Park at Sutton Oaks

Court of Appeals of Texas, Fourth District, San Antonio

July 3, 2017

Kenneth THOMAS, Appellant
v.
THE PARK AT SUTTON OAKS, Appellee

          From the County Court at Law No. 3, Bexar County, Texas Trial Court No. 2017CV01615 Honorable David J. Rodriguez, Judge Presiding

          ORDER

          Marialyn Barnard, Justice

         Appellant filed his brief on June 30, 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) an identity of parties and counsel;
(2) a table of contents;
(3) an index of authorities;
(4) a proper statement of the case;
(5) a brief statement of the issues presented, setting out what errors were allegedly committed by the trial court;
(6) include a statement of facts with record references;
(7) a proper summary of the argument;
(8) proper legal argument with appropriate citation to authorities and the appellate record;
(9) a prayer; or
(10) a proper appendix.

See id. R. 38.1(a) (requiring complete list of all parties to judgment, names and addresses of all trial and appellate counsel), 38.1(b) (requiring table of contents), 38.1(c) (requiring index of authorities), 38.1(d) (requiring statement of case); 38.1(f) (requiring statement of issues presented), 38.1(g) (requiring statement of facts with record reference), 38.1(h) (requiring summary of argument, 38.1(i) (requiring argument with appropriate citation to authority and record), 38.1(j) (requiring short conclusion that clearly states nature of relief sought; 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 ...


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