Herbert Harris and Merenthia Harris v. SRP TRS SUB, LLC ( 2018 )

Order entered March 7, 2018
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-17-01323-CV
HERBERT HARRIS AND MERENTHIA HARRIS, Appellants
V.
SRP TRS SUB, LLC, Appellee
On Appeal from the 44th Judicial District Court
Dallas County, Texas
Trial Court Cause No. DC-17-04358-B
ORDER
Before the Court is appellants’ February 12, 2018 motion for an extension of time to file
a brief. Appellants’ brief was due January 17, 2018. Appellants tendered their brief on February
12, 2018. We GRANT the motion and ORDER the brief received on February 12, 2018 filed as
of the date of this order.
We note, however, the brief fails to comply with the requirements of Texas Rule of
Appellate Procedure 38.1. See TEX. R. APP. P. 38.1. Specifically, the brief does not contain a
table of contents, a clear and concise argument for the contentions made with appropriate
citations to the record and authorities, certificates of service and compliance, or an appendix with
the required items. See id. 9.4(i)(3), 9.5(e)(2),(3), 38.1(b),(i),(k). Further the sections in the brief
titled “statement of the case” and “statement of facts” do not include citations to the record. See
id. 38.1(d),(g). Accordingly, we ORDER appellants to file an amended brief that complies with
the requirements of appellate rule 38.1 no later than March 19, 2018. We caution appellants
that failure to comply may result in the appeal being dismissed without further notice. See TEX.
R. APP. P. 38.8(a)(1), 42.3(b),(c).
Also before the Court is appellee’s February 12, 2018 motion to dismiss the appeal for
failure to file a brief. We DENY the motion.
/s/ ADA BROWN
JUSTICE