Wynelle Parker Sheffield v. Martin W. Seidler; Fidelity and Deposit Company of Maryland; Trinity Universal Insurance Company and United States of America--Appeal from 224th Judicial District Court of Bexar County

MEMORANDUM OPINION
No. 04-03-00554-CV
Wynelle Parker SHEFFIELD,
Appellant
v.
Martin SEIDLER, Fidelity and Deposit Company of Maryland,

and Trinity Universal Insurance Company,

Appellees
From the 224th Judicial District Court, Bexar County, Texas
Trial Court No. 1994-CI-18288
Honorable Patrick J. Boone, Judge Presiding

PER CURIAM

Sitting: Paul W. Green, Justice

Sarah B. Duncan, Justice

Karen Angelini, Justice

Delivered and Filed: April 21, 2004

MOTION TO DISMISS GRANTED; DISMISSED

On March 8, 2004, appellant filed what purported to be her brief. On March 16, 2004, appellee Trinity Universal Insurance Company filed a motion to dismiss the appeal for gross deficiencies in the brief. This court held the motion to dismiss in abeyance, struck the appellant's brief, and ordered her to file an amended brief no later than April 6, 2004. See Clemens v. Allen, 47 S.W.3d 26, 28 (Tex. App.-Amarillo 2000, no pet.) (pro se appellant not exempt from procedural rules); In re Caldwell, 918 S.W.2d 9, 10 (Tex. App.-Amarillo 1995, interlocutory order) (same). In our order, appellant was warned that "failure to comply with this order will result in dismissal of this appeal. Tex. R. App. P. 42.3." (1) No amended brief has been filed.

Accordingly, the appeal is dismissed. See Tex. R. App. P. 42.3(b, c); Inpetco, Inc. v. Tex. Am. Bank/Houston, N.A., 729 S.W.2d 300, 300 (Tex. 1987) (court should allow time for rebriefing before dismissing or affirming the judgment). Costs of the appeal are taxed against appellant.

PER CURIAM

1. Appellant was advised: "The appellant's 'brief' does not contain a list of interested parties and counsel, table of contents, index of authorities, statement of the case, statement of facts, issues presented or legal citation and argument supporting same. The entire brief consists of two paragraphs in which appellant asks this court to vacate the summary judgment and remand the case for trial or arbitration to recover losses from 'gross malfeasance/misrepresentation.' Appellant provided an appendix but it does not contain a copy of the order from which she appeals. In short, the brief fails to satisfy any of the requirements of Rule 38.1 of the Texas Rules of Appellate Procedure."