John Shull v. Westover Crossing (San Antonio) Homeowners' Association, Inc. Spectrum Association Management, LP And Buck (Delvin) Benson

Fourth Court of Appeals
San Antonio, Texas
October 25, 2016

No. 04-15-00692-CV

John SHULL,
Appellant

v.

WESTOVER CROSSING (SAN ANTONIO) HOMEOWNERS' ASSOCIATION, INC.;
Spectrum Association Management, LP; and Buck (Delvin) Benson,
Appellees

From the 285th Judicial District Court, Bexar County, Texas
Trial Court No. 2014-CI-15954
Honorable Karen H. Pozza, Judge Presiding

ORDER
Pro se appellant John Shull filed his brief on October 17, 2016. The printed brief consists
of eighty-nine pages but it does not contain a certificate of compliance. Contra TEX. R. APP. P.
9.4(i)(3). The included portions of the brief contain more than 30,000 words, over twice the
allowed maximum, contra id. R. 9.4(i)(2)(B), and the brief’s typefaces are smaller than required,
contra id. R. 9.4(d),(e). The brief fails to conform with the Rules.
This court may strike a brief that fails to conform with the Texas Rules of Appellate
Procedure. Id. R. 9.4(k). Therefore, we STRIKE Appellant’s brief and ORDER appellant John
Shull to file an amended brief within TEN DAYS of the date of this order. The amended brief
must correct all of the violations listed above and fully comply with the applicable rules.
See, e.g., id. R. 9.4, 9.5, 38.1.
If the amended brief does not comply with this order, we “may strike the brief, prohibit
[Appellant] from filing another, and proceed as if [Appellant] had failed to file a brief.” See id.
R. 38.9(a); see also id. R. 38.8(a) (authorizing this court to dismiss an appeal if an appellant fails
to timely file a brief).
If Appellant timely files a brief that complies with this order, Appellees’ brief will be due
thirty days after Appellant’s brief is filed. See TEX. R. APP. P. 38.6(b).
 _________________________________
Patricia O. Alvarez, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said
court on this 25th day of October, 2016.

___________________________________
Keith E. Hottle
Clerk of Court