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: Loruhamah Dickey v. Harris County , City of Houston,

Houston Community College System, Houston Independent

School District

Appellate case number: 01

- 1 8

- 0 06 39

- CV

Trial court case number: 20 16

- 02269

Trial court: 1 2 5 t h District Court of Harris County

Appellant, Loruhamah Dickey, filed a pro se notice of appeal of the trial court’s

final judgment, signed on June 15, 2018, in this property tax case. On February 13, 2019,

because appellant failed to timely file her appellant’s brief, the appellees, Harris County,

City of Houston, Houston Community College System, and Houston Independent School

District, filed a motion to dismiss this appeal for want of prosecution. See T EX

. R. A PP

. P.

42.3(b). This Court’s February 28, 2019 Order warned appellant that this appeal would be

dismissed for want of pr osecution unless appellant responded to the appellees’ motion to

dismiss by filing appellant’s brief within 10 days of the date of that Order. See T EX

. R.

A PP

. P. 38.8(a)(1), 42.3(b). Appellant timely filed a pro se “AFFIDAVIT[,] VERIFIED

STATEMENT[,] In the Nature of a Legal Brief” on March 11, 2019.

However, after reviewing a ppellant’s four

- page pro se “AFFIDAVIT[,]

VERIFIED STATEMENT[,] In the Nature of a Legal Brief

, ” it appears to be an answer

and counterclaim that is filed in the trial court, and not an appellate brief. Specifically, it

does not comply with Rule 38.1 because it does not contain any of the following sections,

in the following order :

(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;2

(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).

Accordingly, t he Court sua sponte strikes appellant’s “AFFIDAVIT[,] VERIFIED

STATEMENT[,] In the Nature of a Legal Brief

, ” and orders the brief redrawn. See T EX

. R. A PP . P. 38.9(a). If appellant files an amended brief that does not comply with T EX

. R.

A PP . P. 38.1, as set for th above, th is Court may strike the redrawn brief again , prohibit

appellant from filing another brief, and proceed as if appellant had failed to file a brief, i.e.,

dismiss appellant’s appeal for want of prosecution. See T EX

. R. A PP

. P. 38.8(a), 38.9(a).

If appellant fails to timely comply by filing a compliant amended brief within 1 0 days

from the date of this order , th is Court may dismiss this appeal for want of prosecution

without further notice. See T EX

. R. A PP . P. 38. 1, 38. 8(a)

, 38.9(a)

, 42.3(b)

.

Finally, appellee’s motion to dismiss this appeal for want of prosecution is d enied

without prejudice to refiling after appellant’s amended brief, if any, is filed

.

It is so ORDERED.

Judge’s signature: _

/s/ Justice E velyn V. Keyes

______________________________ ___

x Acting individually Acting for the Court

Date: __ March 19, 2019

_____