Dennis Olivares v. State Farm Bank

Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-14-00143-CV Dennis OLIVARES, Appellant v. STATE STATE FARM BANK, Appellee From the County Court at Law No. 2, Bexar County, Texas Trial Court No. 370251 Honorable Jason Pulliam, Judge Presiding PER CURIAM Sitting: Catherine Stone, Chief Justice Karen Angelini, Justice Sandee Bryan Marion, Justice Delivered and Filed: November 5, 2014 DISMISSED By order dated August 14, 2014, appellant’s brief was stricken from the appellate record because appellant’s brief did not contain citations to the record in the statement of facts and arguments sections of his brief. TEX. R. APP. P. Rule 38.1(g),(i). Appellant was ordered to file an amended brief containing appropriate record citations in the statement of facts and arguments sections of his brief no later than September 15, 2014. On September 13, 2014, appellant filed a motion requesting a copy of the record. In his motion, appellant acknowledged that he had been informed that he must review the record in this 04-14-00143-CV court’s offices. See 4th Tex. App. (San Antonio) Loc. R. 7.2(b) (“Parties who are representing themselves and are not licensed attorneys may inspect a record only in designated areas of the Court’s offices.”). Accordingly, appellant’s motion was denied; however, the deadline for appellant to file his amended brief containing appropriate citations to the record was extended to October 3, 2014. This court’s order stated, “If appellant does not file a brief containing appropriate record citations by October 3, 2014, this appeal will be dismissed for failure to comply with this court’s order. See TEX. R. APP. P. 42.3.” Because appellant did not file an amended brief by the stated deadline, appellant failed to comply with this court’s order. Accordingly, this appeal is dismissed. See id. PER CURIAM -2-