Opinion issued June 18, 2026
In The
Court of Appeals
For The
First District of Texas
NO. 01-25-00814-CV
JACQUORIA JACK, Appellant
V.
BP VIRTUO LLC, Appellee
On Appeal from the County Civil Court at Law No. 2
Harris County, Texas
Trial Court Case No. 1256813
MEMORANDUM OPINION
Appellant, Jacquoria Jack, proceeding pro se, challenges the trial court’s
August 27, 2025 final judgment.
We dismiss the appeal.
On January 5, 2026, Jack filed her appellant’s brief with this Court. On May
7, 2026, this Court notified Jack that her appellant’s brief did not comply with the
Texas Rules of Appellate Procedure because, among other things, it did not contain
an appropriate table of contents; contain a proper index of authorities; “state
concisely the nature of the case,” “the course of [the] proceedings,” and “the trial
court’s disposition of the case,” “supported by record references”; “include a
statement explaining why oral argument should or should not be permitted”; “state
concisely all issues or points presented for review”; “state concisely and without
argument the facts pertinent to the issues or points presented,” “supported by record
references”; “contain a succinct, clear, and accurate statement of the arguments
made in the body of the brief”; “contain a clear and concise argument for the
contentions made, with appropriate citations to authorities and to the record”; or
include an appendix with the necessary contents. See TEX. R. APP. P. 38.1(b), (c),
(d), (e), (f), (g), (h), (i), (k).
Thus, on May 7, 2026, the Court struck Jack’s January 5, 2026 brief and
ordered her to file a corrected appellant’s brief that complied with the Texas Rules
of Appellate Procedure within thirty days of the date of the Court’s order. The Court
informed Jack that if she did not file a corrected appellant’s brief that complied with
the Texas Rules of Appellate Procedure, it would strike her corrected brief, prohibit
her from filing another, proceed as if she had failed to file an appellant’s brief, and
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dismiss her appeal. See TEX. R. APP. P. 38.8(a)(1), 38.9(a), 42.3(b), 43.2(f); see also
Tucker v. Fort Worth & W. R.R. Co., No. 02-19-00221-CV, 2020 WL 3969586, at
*1 (Tex. App.—Fort Worth June 18, 2020, pet. denied) (mem. op.) (striking
amended brief and dismissing appeal for want of prosecution where appellant
ordered to file amended brief but amended brief also failed to comply with Texas
Rules of Appellate Procedure); Tyurin v. Hirsch & Westheimer, P.C., No.
01-17-00014-CV, 2017 WL 4682191, at *1–2 (Tex. App.—Houston [1st Dist.] Oct.
19, 2017, no pet.) (mem. op.) (same). The Court also informed Jack that if she failed
to timely file her corrected brief, we would dismiss her appeal. See TEX. R. APP. P.
38.8(a)(1), 42.3, 43.2(f). Jack did not timely file her corrected brief.
Because Jack did not timely file her corrected brief, we dismiss the appeal for
want of prosecution. See TEX. R. APP. P. 38.8(a)(1), 42.3, 43.2(f); Bennett v. Jenkins,
No. 01-21-00557-CV, 2022 WL 3268531, at *1–2 (Tex. App.—Houston [1st Dist.]
Aug. 11, 2022, no pet.) (mem. op.); Orozco v. Reserve at Pecan Valley Apartments,
No. 04-21-00447-CV, 2022 WL 848363, at *1 (Tex. App.—San Antonio Mar. 23,
2022, no pet.) (mem. op.); In re W.A.F., No. 04-19-00723-CV, 2020 WL 5913842,
at *1 (Tex. App.—San Antonio Oct. 7, 2020, no pet.) (mem. op.) (after appellate
court struck appellant’s brief for failure to comply with Texas Rule of Appellate
Procedure 38.1, appellant failed to file amended brief as ordered, and appellate court
dismissed appeal for want of prosecution); see also Averett v. Huffman Indep. Sch.
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Dist., No. 01-19-00482-CV, 2020 WL 717543, at *1 (Tex. App.—Houston [1st
Dist.] Feb. 13, 2020, no pet.) (mem. op.) (“When an appellant fails to file a brief, we
may dismiss his appeal for want of prosecution.”). We dismiss any pending motions
as moot.
PER CURIAM
Panel consists of Chief Justice Adams and Justices Rivas-Molloy and Guiney.
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