COURT OF APPEALS FOR THE

FIRST DISTRICT OF TEXAS AT HOUSTON

ORDER

Appellate case name: Nasser Chehab v. BBVA USA

Appellate case numbers: 01-20-00766-CV & 01-20-00767-CV

Trial court case numbers: 2020-39917 & 2020-49180

Trial court: 189th District Court of Harris County

Appellant, Nasser Chehab, has filed two pro se notices of appeal arising out of two 

trial court case numbers related to appellee, BBVA USA. On November 5, 2020, appellant 

filed a notice of appeal in trial court case number 2020-39917, assigned appellate case 

number 01-20-00766-CV, challenging two trial court orders, including: (1) an October 7, 

2020 order granting appellee, BBVA USA’s “Motion for Sanctions for [Appellant] Filing 

Yet Another Frivolous Lawsuit and/or Motion to Declare [Appellant] a Vexatious Litigant 

and Motion for Security,” and (2) an October 15, 2020 “Final Summary Judgment” order 

granting appellee’s motion to dismiss pursuant to Texas Rule of Civil Procedure 91a or, in 

the alternative, motion for summary judgment.

The appellate record in appellate case number 01-20-00766-CV was due to be filed 

by December 14, 2020. See TEX. R. APP. P. 35.1. Neither the clerk’s record nor the 

reporter’s record was filed with this Court. Accordingly, on December 16, 2020, the Clerk 

of this Court issued a notice to the trial court clerk, requesting that the clerk’s record be 

filed within thirty days. The trial court clerk was further advised to notify this Court “[i]f 

the appellant has not made arrangements for paying for the record.” Because the appellate 

record is not yet complete, the time for filing appellant’s brief cannot yet be determined. 

See TEX. R. APP. P. 38.6(a). Despite this, on December 22, 2020, appellant filed a brief in 

appellate case number 01-20-00766-CV with this Court. Because no clerk’s record has 

been filed in appellate case number 01-20-00766-CV, appellant’s brief does not contain 

any “record references” or “a clear and concise argument for the contentions made, with 

appropriate citations to authorities and the record.” TEX. R. APP. P. 38.1(d), (g), (i). 

Accordingly, we strike appellant’s brief, filed on December 22, 2020 in appellate 

case number 01-20-00766-CV, for failure to comply with Texas Rule of Appellate

Procedure 38.1. Because we strike appellant’s brief for these reasons, appellee’s “Motion 

to Strike Appellant’s Brief,” filed in appellate case number 01-20-00766-CV, is dismissed 
as moot. Appellant is directed to file a brief in appellate case number 01-20-00766-CV 

that complies with the requirements of Texas Rule of Appellate Procedure 38.1 within 

thirty days of the date the clerk’s record is filed, or the date the reporter’s record is filed, 

whichever is later. See TEX. R. APP. P. 38.1, 38.6(a).

Also on November 5, 2020, appellant filed a notice of appeal in trial court case 

number 2020-49180, assigned appellate case number 01-20-00767-CV, challenging three 

trial court orders, including: (1) an October 7, 2020 order denying appellant’s “Motion to 

Show Authority,” (2) an October 7, 2020 order of “realignment of the parties and 

modification of the style” of the trial court case, and (3) an October 15, 2020 “Final 

Summary Judgment” order granting appellee’s motion to dismiss pursuant to Texas Rule 

of Civil Procedure 91a or, in the alternative, motion for summary judgment.

The appellate record in appellate case number 01-20-00767-CV was due to be filed 

by December 14, 2020. See TEX. R. APP. P. 35.1. Neither the clerk’s record nor the 

reporter’s record was filed with this Court. Accordingly, on December 16, 2020, the Clerk 

of this Court issued a notice to the trial court clerk, requesting that the clerk’s record be 

filed within thirty days. The trial court clerk was further advised to notify this Court “[i]f 

the appellant has not made arrangements for paying for the record.” Because the appellate 

record in appellate case number 01-20-00767-CV is not yet complete, the time for filing 

appellant’s brief cannot yet be determined. See TEX. R. APP. P. 38.6(a). Despite this, on 

December 30, 2020, in appellate case number 01-20-00767-CV, appellant filed a “Motion 

for Extension of Time to File Appellant’s Brief.”

Because the time for filing appellant’s brief in appellate case number 

01-20-00767-CV has not yet come due, appellant’s motion for extension of time to file his

brief is dismissed as moot. Appellant is directed to file a brief in appellate case number

01-20-00767-CV that complies with the requirements of Texas Rule of Appellate

Procedure 38.1 within thirty days of the date the clerk’s record is filed, or the date the

reporter’s record is filed, whichever is later. See TEX. R. APP. P. 38.1, 38.6(a).

It is so ORDERED.

Judge’s signature: _____/s/ Amparo Guerra__________

  Acting individually  Acting for the Court

Date: ___January 26, 2021_____