Pankie Freeman v. Michael Colon--Appeal from 74th District Court of McLennan County

IN THE

TENTH COURT OF APPEALS

No. 10-00-056-CV

PANKIE FREEMAN,

Appellant

v.

MICHAEL COLON AND

MARIO GONZALES,

Appellees

From the 74th District Court

McLennan County, Texas

Trial Court # 99-859-3

MEMORANDUM OPINION

Pankie Freeman filed a pro se suit against Michael Colon and Mario Gonzales for injuries he allegedly sustained when Colon struck him with a pickup when backing into a loading dock to unload some used auto parts. Gonzales is the owner of the pickup. The court granted Gonzales s motion for summary judgment before trial and granted Colon s motion for directed verdict at the conclusion of Freeman s case-in-chief before a jury.

After the record was filed, Freeman tendered to this Court a one-page document which purported to be his brief. We declined to file this document, however, because it failed to substantially comply with the requirements of Rule of Appellate Procedure 38.1. See Tex. R. App. P. 38.1. Specifically, we notified Freeman that his brief must: contain appropriate references to the appellate record to support his factual assertions; identify specific issues on the basis of which he believes reversal is required; and cite legal authorities to support such issues. Id. 38.1(d), (e), (f), (h). We advised Freeman that his appeal would be dismissed for want of prosecution within twenty-one days if he failed to file a brief which substantially complies with these requirements. Id. 38.8(a)(1), 38.9(a).

Freeman has tendered a second brief which does not substantially comply with the requirements identified. Accordingly, we dismiss his appeal for want of prosecution. Id. Costs of court are taxed against Freeman.

PER CURIAM

Before Chief Justice Davis

Justice Vance and

Justice Gray

Appeal dismissed for want of prosecution

Opinion delivered and filed July 19, 2000

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