Fourth Court of Appeals

San Antonio, Texas

September 17, 2018

No. 04-18-00343-CV

Richard SPEIRS,

Appellant

v.

UNION PACIFIC RAILROAD COMPANY,

Appellee

From the 408th Judicial District Court, Bexar County, Texas

Trial Court No. 2009CI17924

Honorable Angelica Jimenez, Judge Presiding

ORDER

Appellant, representing himself, filed a brief on September 7, 2018. Appellant’s brief 

recites alleged facts pertaining to his claim against the Union Pacific Railroad Company. His 

brief includes complaints about his trial lawyer, opposing counsel, and some federal government 

officials. The brief’s prayer states there is no probative evidence of Appellant’s negligence in 

causing his own injury, but the brief does not present anything for appellate review. 

Appellant’s brief does not comply with Rule 38.1 of the Texas Rules of Appellate 

Procedure. See TEX. R. APP. P. 38.1. Specifically, the brief does not include the following:

• Identity of Parties and Counsel,

• Table of Contents,

• Index of Authorities,

• Statement of the Case,

• Issues Presented,

• Summary of the Argument,

• Argument, 

• an Appendix (that complies with the Rules),

• Certificate of Compliance, or

• Proof of Service.

See id. R. 9.4, 9.5, 38.1. The brief has these additional defects.
• No part of the brief contains any citations to the record. Contra id. R. 38.1(g) (“The 

statement [of facts] must be supported by record references.”); id. R. 38.1(i) (“The 

brief must contain . . . appropriate citations . . . to the record.”). 

• The portions of the brief that may be construed as a statement of facts recite alleged 

facts and complaints, but the brief does not state how the trial court erred or present 

any legal arguments, with appropriate citations to authorities and the record, to 

present any legal basis for this court to reverse the trial court’s judgment. Contra id. 

• The brief does not recite the standard of review; it does not contain an index of 

authorities, and it contains no citations to rules or statutes, or any references to case 

law. Contra id. (requiring “appropriate citations to authorities”). 

This court may order a party to amend, supplement, or redraw a brief if it flagrantly 

violates Rule 38. See id. R. 38.9(a). We conclude that the defects described above constitute 

flagrant violations of Rule 38. 

Therefore, we STRIKE Appellant’s brief and ORDER Appellant Richard Speirs to file an 

amended brief within TEN DAYS of the date of this order. The amended brief must correct 

all of the violations listed above and fully comply with the applicable rules. See, e.g., id. R. 

9.4, 9.5, 38.1. If the amended brief does not comply with this order, we “may strike the brief, 

prohibit [Appellant] from filing another, and proceed as if [Appellant] had failed to file a brief.” 

See id. R. 38.9(a); see also id. R. 38.8(a) (authorizing this court to dismiss an appeal if an 

appellant fails to timely file a brief). 

If Appellant timely files a brief that complies with this order, Appellee’s brief will be due 

thirty days after Appellant’s brief is filed. See TEX. R. APP. P. 38.6(b). 

_________________________________

Patricia O. Alvarez, Justice

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

court on this 17th day of September, 2018.

___________________________________

KEITH E. HOTTLE,

Clerk of Court