# Fourth Court of Appeals

San Antonio, Texas

February 6, 2017

No. 04

- 15

- 00362

- CV

Javan P. SMITH

, Appellant

v.

DC CIVIL CONSTRUCTION, LLC

,

Appellee

From the County Court At Law No. 10, Bexar County, Texas

Trial Court No. 2015

- CV

- 01978 Honorable Martha Tanner, Judge Presiding



### O R D E R

Sitting: Sandee Bryan Marion, Chief Justice

Karen Angelini, Justice Marialyn Barnard, Justice

Appellant, who is pro se in this appeal, filed his appellant’s brief on January 30, 2017.

The brief does not comply with the Texas Rules of Appellate Procedure because , among other things, it does not (1) contain a proper index of authorities, (2) provide appropriate citations to

the clerk’s record or the reporter’ s record, and ( 3 ) “ contain a clear and concise argument for the contentions made, with appropriate citations to authorities and to the record.” See T EX

. R. A PP

. P. 38.1(d), (g), (i). A copy of Rule 38.1 is attached to this order.

Substantial complian ce with Rule 38 is sufficient. T EX

. R. A PP

. P. 38.9. However, if Rule 38 has been flagrantly violated, this court may require a brief to be amended, supplemented, or

redrawn. T EX

. R. A PP

. P. 38.9(a). If another noncomplying brief is filed, the court may strike the brief, prohibit the party from filing another, and proceed as if the party had failed to file a brief.

Id. If an appellant fails to timely file a brief, the appellate court may dismiss the appeal for want of prosecution. T EX

. R. A PP

. P

. 38.8(a)(1).

While it is true that pro se pleadings and briefs are to be liberally construed, a pro se litigant is still required to comply with the law and rules of procedure. Shull v. United Parcel

Serv. , 4 S.W.3d 46, 52

- 53 (Tex. App.

— San Antonio 1999, p et. denied). Because appellant’s brief does not comply with Rule 38.1, appellant is hereby ORDERED to file an amendedbrief that complies with Rule 38.1 no later than March 8 , 2017

. If appellant fails to timely

file a brief that complies with Rule 38.1, this court will dismiss the appeal for want of prosecution. T EX

. R. A PP

. P . 38.8(a)(1).

_________________________________ Sandee Bryan Marion, Chief Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said

court on this 6th day of February, 2017

.

___________________________________ Keith E. Hottle

Clerk of CourtRule 38.1 Appellant’s Brief

The appellant’s brief must, under appropriate headings and in the order here indicated, contain the following:

(a) Identity of Parties and Counsel. The brief must give a complete list of all parties to the trial court’s judgment or order appealed from, and the names and addresses of all trial and appellate
counsel, except as otherwise provided in Rule 9.8. (b) Table of Contents. The brief must have a table of contents with references to the pages of the brief. The table of contents must indicate the subject matter of each issue or point, or group of issues or points. (c) Index of Authorities. The brief must have an index of authorities arranged alphabetically and indicating the pages of the brief where the authorities are cited. (d) Statement of the Case. The brief must state concisely the nature of the case (e.g., wh ether it is a suit for damages, on a note, or involving a murder prosecution), the course of proceedings, and the trial court’s disposition of the case. The statement should be supported by record references, should

seldom exceed one

- half page, and should not discuss the facts. (e) Any Statement Regarding Oral Argument. The brief may include a statement explaining why oral argument should or should not be permitted. Any such statement must not exceed one page and should address how the court’s decisional pr ocess would, or would not, be aided by oral argument. As required by Rule 39.7, any party requesting oral argument must note that request on the front cover of the party’s brief. (f) Issues Presented. The brief must state concisely all issues or points pre sented for review. The statement of an issue or point will be treated as covering every subsidiary question that is fairly

included. (g) Statement of Facts. The brief must state concisely and without argument the facts pertinent to the issues or points pre sented. In a civil case, the court will accept as true the facts stated unless another party contradicts them. The statement must be supported by record references. (h) Summary of the Argument. The brief must contain a succinct, clear, and accurate stateme nt of the arguments made in the body of the brief. This summary must not merely repeat the issues or points presented for review. (i) Argument. The brief must contain a clear and concise argument for the contentions made, with appropriate citations to auth orities and to the record. (j) Prayer. The brief must contain a short conclusion that clearly states the nature of the relief sought. (k) Appendix in Civil Cases. (1) Necessary Contents. Unless voluminous or impracticable, the appendix must contain a copy of: (A) the trial court’s judgment or other appealable order from which relief is sought; (B) the jury charge and verdict, if any, or the trial court’s findings of fact and conclusions of law, if any; and (C) the text of any rule, regulation, ordinance, statute, constitutional provision, or other law (excluding case law) on which the argument is based, and the text of any contract or other document that is central to the argument. (2) Optional Contents. The appendix may contain any other item pertinent to the issues or points presented for review, including copies or excerpts of relevant court opinions, laws, documents on which the suit was based, pleadings, excerpts from the reporter’s record, and similar material. Items should not be included in the appe ndix to attempt to avoid the page limits for the brief.

Tex. R. App. P. 38.1