Evangelina Reyes v. Jose Tinajero, a Better Place LLC ( 2023 )

DISMISS and Opinion Filed April 12, 2023
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-22-00667-CV
EVANGELINA REYES, Appellant
V.
JOSE TINAJERO, A BETTER PLACE LLC, Appellee
On Appeal from the 101st Judicial District Court
Dallas County, Texas
Trial Court Cause No. DC-19-02212
MEMORANDUM OPINION
Before Justices Molberg, Carlyle, and Smith
Opinion by Justice Smith
After appellant failed to respond to our inquiry regarding the reporter’s record,
we ordered the appeal submitted without a reporter’s record. Following four
extensions of time to file her brief, appellant filed a brief on February 3, 2023. On
February 9, 2023, we notified appellant, who is proceeding pro se, that her brief
failed to comply with rule 38.1 of the Texas Rules of Appellate Procedure. See TEX.
R. APP. P. 38.1. We listed numerous defects in the brief, including that it did not
contain a table of contents, a statement of the case, or list the issues for review.
Further, no part of the brief contained any citations to the record and the brief did
not list or cite to any authorities. We instructed appellant to file an amended brief
correcting these deficiencies within ten days. We later extended the time to file her
amended brief and sent appellant a copy of the clerk’s record on February 22, 2023.
On March 14, 2022, we denied appellant’s March 13, 2023 second request to extend
time to file her amended brief. In that order, we cautioned appellant that her brief
remained due on March 15, 2023 and that the appeal remained subject to dismissal
if she failed to file an amended brief. To date, appellant has not filed an amended
brief nor otherwise corresponded with the Court regarding the status of this appeal.
Even liberally construing appellant’s February 3, 2023 brief, we conclude it
is wholly inadequate to present any questions for appellate review and is in flagrant
violation of rule 38.1. See Tex. R. App. P. 38.1; Bolling v. Farmers Branch Indep.
Sch. Dist., 315 S.W.3d 893, 895 (Tex. App—Dallas 2010, no pet.). Further,
although directed to do so, appellant has failed to file an amended brief correcting
the briefing deficiencies. Under these circumstances, we strike appellant’s February
3, 2023 brief and dismiss this appeal for want of prosecution. See TEX. R. APP. P.
38.9(a); 42.3(b),(c).
/Craig Smith/
CRAIG SMITH
JUSTICE
220667F.P05
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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
EVANGELINA REYES, Appellant On Appeal from the 101st Judicial
District Court, Dallas County, Texas
No. 05-22-00667-CV V. Trial Court Cause No. DC-19-02212.
Opinion delivered by Justice Smith.
JOSE TINAJERO, A BETTER Justices Molberg and Carlyle
PLACE LLC, Appellee participating.
In accordance with this Court’s opinion of this date, this appeal is
DISMISSED.
Judgment entered April 12, 2023
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