C OURT OF A PPEALS FOR THE

F IRST D ISTRICT OF T EXAS AT H OUSTON

O RDER ON M OTION

Appellate case name: George D. LaBlanche v. National Collegiate Student Loan

Trust 20 06

- 3

Appellate case number: 01

- 1 9

- 00 29 7

- CV

Trial court case number: 110 4987

Trial court: County Civil C ourt at Law No. 4 of Harris County

On July 5 , 201 9

, appellant, George D. LaBlanche

, filed a 2

- page pro se brief listing

four affirmative defenses, including that appellee failed to comply with this Court’s Order

to have the reporter’s record filed. On July 19, 2019, appellant filed a motion for extension

of time to file his brief contending that he had filed his brief with the district clerk on July

5, 2019, which the Clerk of this Court deemed filed on July 5, 2019. Thus, appellant’s

extension request is dismissed as moot

.

However, although there was a clerk’s record filed on April 23, 2019

, the court

reporter’s June 5, 2019 information sheet stated that there was no reporter’s record taken.

The Clerk of this Court filed this 2

- page document as a brief both in this case and in the

related appeal filed by appellant, under a ppellate cause number 01

- 19

- 00291

- CV, even

though it does not comply with the Texas Rules of Appellate Procedure for briefs.

Accordingly, t he Court sua sponte STRIKES this brief because i t does not c o m p l y

with Texas Rule s of Appellate Proc e dure 9.4

, 9.5, and 3 8.1

. See T EX

. R. A PP

. P

. 9.4 (i)(2)(B) , 9.5(e)

, 38.1 (a)

- (k), 38.9(a). T he Court ORDERS appellant to refile the brief

to conform with Rule 9.4 with a cover page, page numbers at the bottom of each page

, 15,000 words or less if computer

- generated, or 50 pages or less if not, with a correct

certificate of compliance with this word/page limit, and a certificate of service on counsel

for the appellee

. See T EX

. R. A PP

. P . 9.4(i)(2)(B), (3) , 9.5(e)

.

S pecifically, t he amended brief also should comply with Rule 38.1 by contain ing

the following sections

, in the following order or otherwise :2

(1) a l i st of all t h e parties t o the trial c ourt’s j ud g ment and a d dresses of all trial

and appell a te c o unsel;

(2) a table of content s;

(3) an i ndex of authori t ies;

(4) a br i ef state m e n t of the ca s e with re f erences t o the appell a te rec o rd;

(5) a statement regarding oral argument , with any request on the front

cover of the brief ;

(6) a list of the iss u es p r esented f or appe a l;

(7) a stat e ment of f acts supported b y reco r d re f erences;

(8) a sum m a r y of the arg u m ent;

(9) a clear and concise arg u m ent f or the cont e ntions m ade wi t h app r opriate

citatio n s to le g al authorities and the clerk’s re c ord ;

(10) a short conclusion clearly stating the nature of the relief sought; and

(11) an appen d i x, if necessary.

T EX

. R. A PP

. P. 38.1(a)

- (k).

The amended brief must conform with Rule 38.1 by including the sections above

and containing all necessary references to the clerk’s record filed with this Court or legal

authorities. See T EX

. R. A PP

. P. 38.1 (a)

- (k), 38.7, 38.9(a). I f appellant has not yet received

the clerk’s record, appellant is directed to contact the Clerk of this Court immediately. If

necessary, appellant may file a n appendix

, either separately or after the end of the amended

brief, with any relevant documents, and the appendix and section headings above are not

i ncluded in the word count for the certificate of compliance

. See T EX

. R. A PP

. P. 9.4(i)(1)

, (3) , 38.1(k)

.

Finally, ap pellant ’ s amended brief is due to be filed with this Court no later than

30 days of the date of this O rder

. See T EX

. R. A PP

. P. 38.6(a), (d), 38.7. Appellees’

brie f

, if an y

, will be due no l a ter than 30 d a y s a f ter the f iling of appellan t ’ s a mended

and compliant b r ie f

. See T EX

. R. A PP

. P. 38.6(b).

It is so ORDERED.

Judge’s signature:

__

/s/ Laura C. Higley

____  Acting individually Acting for the Court

Date: __ July 30, 2019

____