Leola Stuart v. Estelita Judson

Summary

The Fourth Court of Appeals of Texas, San Antonio, struck the appellant’s brief for flagrant violations of Texas Rule of Appellate Procedure 38.1. The court ordered the pro se appellant to file a compliant amended brief by September 19, 2014, and warned that failure to comply could result in further sanctions or dismissal of the appeal.

Holdings

1. A brief that flagrantly violates the requirements of Texas Rule of Appellate Procedure 38.1 may be stricken, and the appellate court may order the appellant to file an amended, compliant brief.
2. Pro se litigants are held to the same standards as licensed attorneys and must comply with applicable procedural and appellate briefing rules.

Questions Presented

1. Whether appellant's appellate brief flagrantly violated Texas Rule of Appellate Procedure 38.1 so that the court could strike it and require an amended brief.
2. Whether a pro se litigant is held to the same appellate briefing standards as a licensed attorney.

Disposition

other