Fourth Court of Appeals

San Antonio, Texas

August 21, 2018

No. 04-17-00676-CV

REAL PROPERTY LOCATED AT 404 FULLER ST., 

KERRVILLE, KERR COUNTY, TEXAS,

Appellant

v.

The STATE of Texas,

Appellee

From the 216th Judicial District Court, Kerr County, Texas

Trial Court No. 16620A

Honorable N. Keith Williams, Judge Presiding

ORDER

Sitting: Sandee Bryan Marion, Chief Justice

Marialyn Barnard, Justice

Patricia O. Alvarez, Justice

This is an appeal of a judgment in a civil forfeiture proceeding. The first brief appellant 

filed on February 20, 2018 was stricken because the brief failed to comply with Rule 38.1 of the 

Texas Rules of Appellate Procedure, including the rules requiring appellant to provide citations 

to the appellate record. The second brief filed by appellant on May 7, 2018 was not ordered 

stricken; however, appellant was informed the court could consider her appellate complaints 

waived due to inadequate briefing.

On May 18, 2018, appellant filed a letter, which we interpreted as a motion requesting an 

extension of time to file a brief. In her letter, appellant requested 45 to 90 days of additional 

time to file another brief. By order dated May 24, 2018, appellant’s requested extension was 

denied. 

In her reply brief filed on July 2, 2018, appellant asserted she requested a copy of the 

appellate record from the trial court but never received the record. Our record reflected the trial 

court signed an order finding appellant indigent for purposes of the appellate record. Although 

the appellate record was filed in this court without requiring appellant to pay the fees for the 

preparation of the appellate record, appellant was never provided with a copy of the record.
On July 16, 2018, this court issued an order striking appellant’s briefs filed on May 7, 

2018 and July 2, 2018, and the clerk of this court was ordered to provide appellant with a copy of 

the appellate record. Although this court’s records reflected that the appellate record was 

included with the copy of the order sent to appellant, appellant filed written notice in this court 

on July 30, 2018, stating that she did not receive the record.

By order dated August 2, 2018, the clerk of this court was ordered to resend a copy of the 

appellate record to the appellant. Appellant was ordered to file her brief by September 4, 2018. 

On August 16, 2018, appellant filed a motion acknowledging receipt of the appellate record and 

requesting an additional thirty-day extension to file her brief. The motion is GRANTED. THIS 

IS THE FINAL EXTENSION OF TIME THAT THE APPELLANT WILL BE 

GRANTED. Appellant’s brief must be filed no later than October 4, 2018, or this appeal 

will be dismissed for want of prosecution.

Appellant is reminded that her prior briefs contained numerous violations of Rule 38.1 as 

referenced in this court’s March 8, 2018 order and May 9, 2018 letter separate and apart from her 

failure to provide citations to the appellate record, including her failure to cite any case law or 

other authority in support of her arguments in her original brief or in response to the law cited by 

the State in her reply brief. See TEX. R. APP. P. 38.1(i) (requiring argument to be supported by 

appropriate citations to authority). Appellant is also reminded that her failure to correct the 

briefing deficiencies in this third opportunity will allow this court to consider her appellate 

complaints waived due to inadequate briefing. See, e.g., Lott v. First Bank, No. 04-13-00531-

CV, 2014 WL 4922896, at *2 (Tex. App.—San Antonio Oct. 1, 2014, no pet.); Castillo v. 

Peoples, No. 04-13-00311-CV, 2014 WL 1089750, at *3 (Tex. App.—San Antonio Mar. 19, 

2014, pet. denied).

 PER CURIAM

ATTESTED TO: _________________________

 Keith E. Hottle

 Clerk of Court