Rowland Martin, Jr. v. Edward L. Bravenec and 1216 West Ave., Inc.

Summary

The Fourth Court of Appeals of Texas ordered appellant Rowland Martin, Jr. to file an amended reply brief. The court found that the brief lacked an index to authorities and record citations, exceeded the word limit, and contained an improper certificate of service, and warned that failure to timely correct the deficiencies could result in the brief being stricken or the case proceeding without it.

Holdings

1. Although substantial compliance with Rule 38 may be sufficient, the court may require additional briefing or enter another order necessary for satisfactory submission of the case; therefore, appellant was ordered to file an amended brief correcting the identified deficiencies.
2. If appellant does not timely file the amended brief, the court may prohibit another filing and proceed without the brief; if the amended brief remains noncompliant, the court may strike it and proceed without further filing.

Questions Presented

1. Whether the appellant's noncompliant reply brief should be corrected through an amended filing under the Texas Rules of Appellate Procedure.

Disposition

other