Court of Appeals of Texas, Fourth District, San Antonio
the 285th Judicial District Court, Bexar County, Texas Trial
Court No. 2016-CI-08203 Honorable Charles E. Montemayor,
Sitting: Patricia O. Alvarez, Justice, Luz Elena D. Chapa,
Justice, Irene Rios, Justice
Jasmine Kemp dba World Wide Automotive Repair and Paint
appeals from a default judgment taken against him by Appellee
Santander Consumer USA Inc. for vehicles it financed for
purchase by Sheldon Franklin. Appellant, who is not an
attorney, is representing himself in this appeal.
Appellant twice failed to file a brief that complies with the
Texas Rules of Appellate Procedure, we dismiss this appeal
for want of prosecution.
March 19, 2018, Appellant Jasmine Kemp, representing himself,
filed a ten-page "Court Brief." The first page
consisted of the style, a one-sentence request for oral
argument, and two paragraphs of text. The two paragraphs
asserted facts that purport to show that Appellee defaulted
on a previous settlement agreement. The remaining nine pages
were copies of the first page of nine separate orders for
writ of sequestration-each writ addressing a separate
March 27, 2018, we advised Appellant that his brief did not
comply with Rule 38.1 of the Texas Rules of Appellate
Procedure. See Tex. R. App. P. 38.1. We notified
Appellant that his brief did not include the following:
Identity of Parties and Counsel, Table of Contents, Index of
Authorities, Statement of the Case, Issues Presented,
Statement of Facts, Summary of the Argument, Argument,
Prayer, or an Appendix (that complies with the Rules).
advised Appellant that his brief had these additional
defects. No part of the brief contained any citations to the
record. Contra id. R. 38.1(g) ("The statement
[of facts] must be supported by record references.");
id. R. 38.1(i) ("The brief must contain . . .
appropriate citations . . . to the record."). The two
paragraphs of the brief that could be construed as a
statement of facts recited alleged facts and complaints, but
the brief did not state how the trial court erred or on what
legal basis this court should reverse the trial court's
judgment. Contra id. ("The brief must contain a
clear and concise argument for the contentions made . . .
."). The brief did not recite the standard of review; it
did not contain an index of authorities, and it did not
contain any citations to rules or statutes, or any references
to case law. Contra id. (requiring "appropriate
citations to authorities").
further advised Appellant that, with respect to the attached
first pages of the nine writ of sequestration orders,
"[t]he attachment of documents as exhibits or appendices
to briefs is not formal inclusion in the record on appeal
and, therefore, the documents cannot be considered."
Bencon Mgmt. & Gen. Contracting, Inc. v. Boyer,
Inc., 178 S.W.3d 198, 210 (Tex. App.-Houston [14th
Dist.] 2005, no pet.); accord Mauldin v. Clements,
428 S.W.3d 247, 262 n.3 (Tex. App.- Houston [1st Dist.] 2014,
no pet.) (noting that "documents attached to briefs are
not part of the record of the case and cannot be
concluded that the defects we identified to Appellant
constituted flagrant violations of Rule 38. We struck
Appellant's brief and ordered him to file an amended
brief not later than April 6, 2018. See Tex. R. App.
P. 38.9(a). We warned Appellant that his amended brief must
correct all the violations listed in our March 27, 2018 order
and fully comply with the applicable rules. See,
e.g., id. R. 9.4, 9.5, 38.1. We warned
Appellant that if his amended brief did not comply with our
order, we could "strike the brief, prohibit [Appellant]
from filing another, and proceed as if [Appellant] had failed
to file a brief." See id. R. 38.9(a); see
also id. R. 38.8(a) (authorizing this court to dismiss
an appeal if an appellant fails to timely file a brief).
April 4, 2018, Appellant filed a "Brief of
Appellant" which we construe as an amended brief. The
amended brief does not comply with Rule 38.1 of the Texas
Rules of Appellate Procedure. See Tex. R. App. P.
nineteen-page brief begins with three pages: a cover page, a
page identifying the parties and counsel, and a table of
contents-without page numbers. The next six pages consist of
the following-one page each: a three-sentence Introduction; a
two-sentence Background; a two-sentence Statement of the
Case; a two-sentence Issues Presented; a two-sentence ...