Opinion issued July 9, 2026
In The
Court of Appeals
For The
First District of Texas
NO. 01-25-00613-CV
RAYMOND HILL, Appellant
V.
METROPOLITAN TRANSIT AUTHORITY, Appellee
On Appeal from the 165th District Court
Harris County, Texas
Trial Court Case No. 1998-40058
MEMORANDUM OPINION
Appellant Raymond Hill, proceeding pro se, filed a notice of appeal from the
trial court’s final judgment dated July 28, 2025. We dismiss the appeal.
On October 17, 2025, Appellant filed his appellate brief. On November 13,
2025, this Court informed Appellant that his brief was not compliant with Rule of Appellate Procedure 38.1, which enumerates the requisites of an appellant's brief. *
We struck the brief and afforded Appellant an opportunity to file a corrected brief.
We advised Appellant that if a brief compliant with Rule 38.1 was not filed by
December 4, 2025, his appeal could be dismissed without further notice. See TEX.
R. APP. P. 38.8(a)(1), 38.9(a), 42.3(b), 43.2(f).
Appellant did not comply with this Court’s order. On December 3, 2025,
Appellant filed a brief that failed to address the problems identified in this Court’s
prior order. Like his original brief, Appellant’s second brief fails to comply with
Rule 38.1 in that the brief does not:
• Include an index of authorities such as cases or statutes cited in the brief;
• “[S]tate concisely the nature of the case (e.g., whether it is a suit for
damages, on a note, or involving a murder prosecution), the course of
proceedings, and the trial court’s disposition of the case. . . supported by
record references;”
• Contain a statement of facts that “state[s] concisely and without argument
the facts pertinent to the issues or points presented” and that is supported
by record references;
• Contain a “clear and concise argument for the contentions made, with
appropriate citations to authorities and the record;”
• Contain a prayer that “clearly states the nature of the relief sought.”
*
Appellant was advised the brief did not contain the required elements described in
Rule 38.1(a) (list of the parties and their counsel involved in the case), 38.1(b)
(table of contents), 38.1(c) (index of authorities such as cases or statutes cited in
the brief), 38.1(d) (statement concisely describing the nature of the case), 38.1(f)
(issues presented), 38.1(g) (statement of facts with record references), 38.1(i)
(argument with citation to authorities and record), and 38.1(j) (prayer for relief). See TEX. R. APP. P. 38.1(c) (index of authorities), (d) (statement of the case), (g)
(statement of facts), (i) (argument with citation to authority), (j) (prayer for relief).
“Appellate briefing requirements are mandatory.” Carrero v. Carrero,
No. 01-24-01017-CV, 2025 WL 2956231, at *1–2 (Tex. App.—Houston [1st Dist.]
Oct. 21, 2025, no pet.) (mem. op.). “Only when [the Court is] provided with proper
briefing may [it] discharge [its] responsibility to review the appeal and make a
decision that disposes of the appeal one way or the other.” Bolling v. Farmers
Branch Indep. Sch. Dist., 315 S.W.3d 893, 895 (Tex. App.—Dallas 2010, no pet.).
A civil litigant has the right to represent himself at trial and on appeal. But
the right of self-representation carries with it the responsibility to adhere to the
rules of evidence and procedure, including the Rules of Appellate Procedure, if a
party chooses to represent himself on appeal. Steele v. Humphreys, No. 05-19-00988-CV, 2020 WL 6440499, at *2 (Tex. App.—Dallas Nov. 3, 2020, no pet.)
(mem. op.); Bolling, 315 S.W.3d at 895; see also Mansfield State Bank v. Cohn,
573 S.W.2d 181, 184 (Tex. 1978) (“[N]o basis exists for differentiating between
litigants represented by counsel and litigants not represented by counsel in
determining whether [the] rules of procedure must be followed.”). A pro se litigant
is thus held to the same standard as a licensed attorney and must comply with the
Rules of Appellate Procedure. See Garrett v. Lee, No. 01-21-00498-CV, 2021 WL
5702177, at *2 (Tex. App.—Houston [1st Dist.] Dec. 2, 2021, pet. denied) (mem. op.); Yeldell v. Denton Cent. Appraisal Dist., No. 2-07-313-CV, 2008 WL
4053014, at *2 (Tex. App.—Fort Worth Aug. 29, 2008, pet. denied) (mem. op.)
(“[A]ll parties appearing in the appellate courts of Texas must conform to the
Texas Rules of Appellate Procedure.”).
When, as here, an appellant is afforded the opportunity to refile a brief and
subsequently files a brief that again fails to comply with the Rules of Appellate
Procedure, an appellate court may strike the brief, prohibit appellant from filing
another, and proceed as if the appellant failed to file a brief. See TEX. R. APP. P.
38.9(a); 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) (striking
amended brief and dismissing appeal for want of prosecution where appellant
ordered to file amended brief but amended brief still did not comply with Texas
Rules of Appellate Procedure); see also Carrero, 2025 WL 2956231, at *1–2
(same); TEX. R. APP. P. 38.8(a)(1) (where appellant has failed to file brief,
appellate court may dismiss appeal for want of prosecution), 42.3(b), 43.2(f).
When an appellant fails to file a brief, the Court may dismiss the appeal for want of
prosecution. TEX. R. APP. P. 38.8(a)(1); Carrero, 2025 WL 2956231, at *2.
Because Appellant’s second brief filed on December 3, 2025, fails to correct
the identified deficiencies and does not comply with Rule 38.1, we strike his brief
and we dismiss the appeal for want of prosecution. See TEX. R. APP. P. 38.9(a), 42.3(b), 43.2(f); Carrero, 2025 WL 2956231, at *2. We dismiss any pending
motions as moot.
PER CURIAM
Panel consists of Justices Caughey, Johnson, and Dokupil.