Order entered December 16, 2014
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-14-00583-CV
J. WAYNE JOHNSON, GOD'S TABERNACLE OF DELIVERANCE, ET AL., Appellants
V.
HERRING BANK, ET AL., Appellees
On Appeal from the 160th Judicial District Court
Dallas County, Texas
Trial Court Cause No. DC-11-15858
ORDER
Before the Court is appellant J. Wayne Johnson’s December 10, 2014 opposed motion to
file an amended brief. Johnson filed his appellate brief on December 1, 2014. Johnson’s
December 1, 2014 brief does not meet the general requirements of rule 38. Specifically, the brief
is deficient as follows:
o It does not contain a complete list of all parties to the trial court's
judgment or order appealed from, with the names and addresses of all trial
and appellate counsel. TEX. R. APP. P. 38.1(a).
o It does not contain a table of contents with references to the pages of the
brief. TEX. R. APP. P. 38.1(b).
o The table of contents does not indicate the subject matter of each issue or
point, or group of issues or points. TEX. R. APP. P. 38.1(b).
o It does not contain an index of authorities arranged alphabetically and
indicating the pages of the brief where the authorities are cited. TEX. R.
APP. P. 38.1(c).
o It does not contain a concise statement of the case, the course of
proceedings, and the trial court's disposition of the case supported by
record references. TEX. R. APP. P. 38.1(d).
o It does not contain a concise statement of the facts supported by record
references. TEX. R. APP. P. 38.1(g).
o It does not contain a succinct, clear, and accurate statement of the
arguments made in the body of the brief. TEX. R. APP. P. 38.1(h).
o The argument does not contain appropriate citations to authorities. TEX.
R. APP. P. 38.1(i).
o The argument does not contain appropriate citations to the record. TEX.
R. APP. P. 38.1(i).
o One or more of the following is omitted from the appendix. TEX. R. APP.
P. 38.1(k).
The trial court's judgment or other appealable order. TEX. R. APP.
P. 38.1(k)(1)(A).
The jury charge and verdict, if any, or the trial court's findings of
fact and conclusions of law, if any. TEX. R. APP. P. 38.1(k)(1)(B).
o The text of any rule, regulation, ordinance, statute, constitutional
provision, or other law (excluding case law) on which the argument is
based. TEX. R. APP. P. 38.1(k)(1)(C).
o The text of any contract or other document that is central to the argument.
TEX. R. APP. P. 38.1(k)(1)(C).
Failure to file an amended brief that complies with the Texas Rules of Appellate Procedure
within ten days of the date of this Order may result in dismissal of this appeal without further
notice from the Court. See TEX. R. APP. P. 38.8(a)(1), 42.3(b), (c).
We GRANT Johnson’s motion and ORDER Johnson to file his amended brief that
complies with the Texas Rules of Appellate Procedure within TEN DAYS of the date of this
Order. If Johnson files his amended brief within ten days of the date of this Order, Herring Bank
shall have THIRTY DAYS after the date Johnson files his brief to also file an amended brief.
/s/ CRAIG STODDART
JUSTICE
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