B&V Landscaping v. Roscoe Robert Harvey, Nancy Joyce Harvey and Harvey R&N Trust ( 2022 )

Fourth Court of Appeals
San Antonio, Texas
December 30, 2022
No. 04-22-00400-CV
B&V LANDSCAPING,
Appellant
v.
Roscoe Robert HARVEY, Nancy Joyce Harvey and Harvey R&N Trust,
Appellees
From the 198th Judicial District Court, Bandera County, Texas
Trial Court No. CVCD-XX-XXXXXXX
Honorable M. Rex Emerson, Judge Presiding
ORDER
On November 28, 2022, this court struck Appellees’ brief and ordered them to submit an
amended brief that complied with the rules if they wanted an appellee’s brief to be considered
after the case was submitted. This court warned Appellees that if a rule-compliant brief was not
filed as ordered, the appeal would be set for submission without an appellee’s brief.
On December 7, 2022, Appellees filed an amended brief. It was timely, but it did not
comply with the rules as ordered. See TEX. R. APP. P. 9.4, 9.5, 38.2. Specifically, the brief has
the following defects.
No part of the brief contains any citations to the clerk’s record. Contra id. R. 38.1(i)
(“The brief must contain . . . appropriate citations . . . to the record.”). No part of the brief
contains citations to authorities. Contra id. (requiring “appropriate citations to authorities”).
The brief contains no Argument and no Prayer. Contra id. R. 38.1(i), (j). The brief does not
contain a certificate of compliance. Contra id. R. 9.4(i)(3). It also contains no certificate of
service. Contra id. R. 9.5(e).
Accordingly, we strike Appellees’ brief. The case will be set for submission without an
appellee’s brief. See Irisson v. Lone Star Nat’l Bank, No. 13-19-00239-CV, 2020 WL 6343336,
at *4 (Tex. App.—Corpus Christi–Edinburg Oct. 29, 2020, no pet.) (citing Johnson v. Dallas
Hous. Auth., 179 S.W.3d 770 (Tex. App.—Dallas 2005, no pet.)); Newman v. Clark, 113 S.W.3d
622, 623 (Tex. App.—Dallas 2003, no pet.).
_________________________________
Patricia O. Alvarez, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said
court on this 30th day of December, 2022.
___________________________________
MICHAEL A. CRUZ, Clerk of Court