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Minor v. St. Philip's College

Court of Appeals of Texas, Fourth District, San Antonio

July 31, 2019

Patrick MINOR, Appellant
v.
ST. PHILIP'S COLLEGE, Appellee

          From the 166th Judicial District Court, Bexar County, Texas Trial Court No. 2019-CI-03609 Honorable Rosie Alvarado, Judge Presiding

          Sitting: Patricia O. Alvarez, Justice Luz Elena D. Chapa, Justice Irene Rios, Justice

          MEMORANDUM OPINION

          PER CURIAM

         Appellant Patrick Minor appeals from the trial court's order granting St. Philip's College's plea to the jurisdiction. Appellant, who is not an attorney, is representing himself in this appeal.

         Because Appellant twice failed to file a brief that complies with the Texas Rules of Appellate Procedure, we dismiss this appeal for want of prosecution.

         Appellant's Original Brief

         On June 24, 2019, after Minor failed to timely file a brief or a motion for extension of time to file the brief, we ordered Minor to show cause in writing by July 5, 2019, why this appeal should not be dismissed for want of prosecution. See Tex. R. App. P. 38.8(a), 42.3(b), (c); Elizondo v. City of San Antonio, 975 S.W.2d 61, 63 (Tex. App.-San Antonio 1998, no pet.). We advised Minor that his written response must include a reasonable explanation for his failure to timely file the brief. See Tex. R. App. P. 38.8(a).

         Minor, representing himself, timely filed a handwritten, three-page response. In his response, Minor asserted various facts and then prayed that this court would award him consequential and punitive damages against the College. Minor did not include a reasonable explanation for his failure to timely file the brief.

         In our July 9, 2019 order, we advised Minor that we construed his response as an appellant's brief and 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 advised Minor that his brief omitted the following:

• Identity of Parties and Counsel,
• Table of Contents,
• Index of Authorities,
• Statement of the Case,
• Any Statement Regarding Oral ...

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