In the
Court of Appeals
Second Appellate District of Texas
at Fort Worth
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No. 02-20-00219-CV
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VAN LE AND DUNG TRAN, Appellants
V.
QUYEN NGUYEN, Appellee
On Appeal from the 393rd District Court
Denton County, Texas
Trial Court No. 19-7206-393
Before Wallach, J.; Sudderth, C.J.; and Walker, J.
Per Curiam Memorandum Opinion
MEMORANDUM OPINION
On January 12, 2021, we notified Appellants Van Le and Dung Tran by letter
that the document we construed as their brief, filed January 12, 2021, did not comply
with Rules 9.4(i), 9.9, and 38.1(a)–(j) of the Texas Rules of Appellate Procedure or
Local Rules 1.A and 7. See Tex. R. App. P. 9.4(i), 9.9, 38.1(a)–(j); 2nd Tex. App. (Fort
Worth) Loc. R. 1.A, 7. We stated that an amended brief complying with the above-
referenced rules was due by Friday, January 22, 2021. We warned that the failure to
file an amended brief that complied with the rules by January 22, 2021 could result in
our striking the brief filed and dismissing the appeal or the waiver of any
noncomplying points. See Tex. R. App. P. 38.8(a), 38.9(a), 42.3. No amended brief was
received. Instead, on February 12, 2021, we received a letter from Appellants stating
that they did not fully understand our previous correspondence; asking, among other
questions, whether the court would provide them with counsel and an interpreter; and
requesting us to give them “specific and detailed instructions” for completing the
appeal.
On February 22, 2021, we responded to Appellants, letting them know that the
Tarrant County Bar Association had denied their request for free legal representation
in this appeal and that this court cannot give legal advice. We directed Appellants to
the self-help guides on our website.
We also reminded Appellants about the deficiencies in their brief, stating:
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Your brief—which is your legal argument why we should decide this
case in your favor—was due February 11, 2021. You filed a document
with the court on January 12, 2021, but it did not comply with the legal
requirements for a brief. We sent you a letter pointing ou[t] the specific
defects in the document and asked you to file an amended brief that
complied with the Texas Rules of Appellate Procedure by January 22,
2021. (A copy of that letter is enclosed.) But even though we asked you
to file an amended brief by January 22, 2021, you have not filed one.
We again gave Appellants a deadline for filing a compliant, amended brief—
Thursday, March 4, 2021, and we stated that the failure to file an amended brief
complying with the Texas Rules of Appellate Procedure by that deadline could result
in our “remov[ing the] original brief from our records, prohibit[ing Appellants] from
filing another brief, proceed[ing] as if [they] failed to file a brief, and dismiss[ing the]
appeal.” See Tex. R. App. P. 38.8(a), 38.9(a), 42.3(b). We have received no response.
Because Appellants failed to file a compliant, amended brief even after we
afforded ample opportunities to do so, we strike the brief filed January 12, 2021, and
we dismiss this appeal for want of prosecution. See Tex. R. App. P. 38.8(a)(1), 42.3(b),
43.2(f).
Per Curiam
Delivered: May 13, 2021
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