Summary
The Texas First Court of Appeals dismissed Dominique Cunningham’s pro se appeal after striking her corrected appellant’s brief for failing to comply with multiple Texas Rules of Appellate Procedure requirements. The court dismissed the appeal for want of prosecution and dismissed pending motions as moot.
Holdings
- A pro se litigant is held to the same procedural standard as a licensed attorney and must comply with the Texas Rules of Appellate Procedure.
- When an appellant files a noncompliant brief and then files a corrected or amended brief that also fails to comply with the appellate rules, the court may strike the corrected brief, prohibit another brief, and proceed as though the appellant failed to file a brief.
- The court may dismiss an appeal for want of prosecution when, after the appellant's noncompliant corrected brief is stricken, the appellant is treated as having failed to file an appellant's brief.
Questions Presented
- Whether the court of appeals could strike Cunningham's corrected appellant's brief because it failed to comply with the Texas Rules of Appellate Procedure.
- Whether the court of appeals could dismiss the appeal for want of prosecution after striking the noncompliant corrected brief.
Disposition
dismissed
Cases Cited (21)
- Gardner v. Gardner, No. 04-17-00414-CV, 2018 WL 521615, at *1 n.1 (Tex. App.—San Antonio Jan. 24, 2018, pet. denied) (mem. op.)(followed)
- Tucker v. Fort Worth & W. R.R. Co., No. 02-19-00221-CV, 2020 WL 3969586, at *1 (Tex. App.—Fort Worth June 18, 2020, pet. denied) (mem. op.)(followed)
- Tyurin v. Hirsch & Westheimer, P.C., No. 01-17-00014-CV, 2017 WL 4682191, at *1–2 (Tex. App.—Houston [1st Dist.] Oct. 19, 2017, no pet.) (mem. op.)(followed)
- Schied v. Merritt, No. 01-15-00466-CV, 2016 WL 3751619, at *2 (Tex. App.—Houston [1st Dist.] July 12, 2016, no pet.) (mem. op.)(followed)
- Lemons v. Garmond, No. 01-15-00570-CV, 2016 WL 4701443, at *1 (Tex. App.—Houston [1st Dist.] Sept. 8, 2016, pet. denied) (mem. op.)(followed)
- Irisson v. Lone Star Nat’l Bank, No. 13-19-00239-CV, 2020 WL 6343336, at *3 (Tex. App.—Corpus Christi–Edinburg Oct. 29, 2020, no pet.) (mem. op.)(followed)
- M&E Endeavors LLC v. Air Voice Wireless LLC, Nos. 01-18-00852-CV, 01-19-00180-CV, 2020 WL 5047902, at *7 (Tex. App.—Houston [1st Dist.] Aug. 17, 2020, no pet.) (mem. op.)(followed)
- Bolling v. Farmers Branch Indep. Sch. Dist., 315 S.W.3d 893, 895 (Tex. App.—Dallas 2010, no pet.)(followed)
- Steele v. Humphreys, No. 05-19-00988-CV, 2020 WL 6440499, at *2 (Tex. App.—Dallas Nov. 3, 2020, no pet.) (mem. op.)(followed)
- Ex parte Shaffer, 649 S.W.2d 300, 302 (Tex. 1983)(followed)
Showing top 10 of 21.
Cited In (0)
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Court Document
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