Hector M. Pena, Jr. v. State of Texas, et al.--Appeal from 285th Judicial District Court of Bexar County

MEMORANDUM OPINION

No. 04-04-00904-CV

Hector M. PENA Jr.,

Appellant

v.

STATE OF TEXAS, COUNTY OF BEXAR; City of San Antonio;

and Northeast Independent School District,

Appellees

From the 285th Judicial District Court, Bexar County, Texas

Trial Court No. 2002-TA1-3064

Honorable Andy Mireles, Judge Presiding

PER CURIAM

Sitting: Sarah B. Duncan, Justice

Karen Angelini, Justice

Sandee Bryan Marion, Justice

Delivered and Filed: April 27, 2005

DISMISSED

Several taxing authorities sued Hector M. Pena Jr. for delinquent property taxes. Although Pena answered, he did not appear at trial. The trial court rendered a post-answer default judgment against him. Pena appealed and filed a brief on March 7, 2005. The court found Pena s brief flagrantly violated the Texas Rules of Appellate Procedure because it did not contain a table of contents or an index of authorities, did not cite to any authority, contained no citations to the record, did not include an appendix, and did not contain a proof of service. See Tex. R. App. P. 9.5, 38.1. Accordingly, on March 17, 2005, we struck Pena s brief and ordered him to redraw the brief in compliance with the Texas Rules of Appellate Procedure. See Tex. R. App. P. 38.9(a). We advised Pena that if he failed to comply with our order, the appeal may be dismissed. See Tex. R. App. P. 38.9(a), 38.8(a)(1).

Pena filed a second brief on April 4, 2005. The brief contains a certificate of service, table of contents, and an appendix. However, Pena s argument states only that he is not liable for the taxes; he explained to the taxing authorities why he believes he is not liable for the taxes; and that he expected the taxing authorities would thereafter terminate the proceedings. The argument contains no citations to authority and is supported only by a reference to copies of correspondence Pena filed with the trial court clerk after judgment was entered.

Pena s redrawn brief fails to substantially comply with Rule 38.1(h), which requires that appellate briefs contain argument for the contentions made, with appropriate citations to authorities and to the record. Tex. R. App. P. 38.1(h). Accordingly, we strike the brief and dismiss the appeal. See Tex. R. App. P. 38.8, 38.9; Clemens v. Allen, 47 S.W.3d 26, 27-28 (Tex. App. Amarillo 2000, no pet.).; Burney v. Bankers Trust Co., No. 05-02-00870-CV, 2002 WL 31840848 (Tex. App. Dallas, Dec. 19, 2002, no pet.)(not designated for publication).

PER CURIAM