Narrative Opinion Summary
Frazer Transport, Inc. filed a motion to strike the brief of appellee Transafe, Inc. in the case Frazer Transport, Inc. v. Transafe, Inc., due to noncompliance with Texas Rule of Appellate Procedure 38.1(g), which requires statement of facts to be supported by record references. The court noted that the first two paragraphs of Transafe's statement of facts lacked such references and granted Frazer's motion in part, striking the offending sections of Transafe's brief. Transafe is ordered to file an amended brief, revising only the first two paragraphs of the statement of facts, by March 10, 2017. The order is signed by Judge Harvey Brown on March 7, 2017.
Legal Issues Addressed
Compliance with Appellate Procedure Rulessubscribe to see similar legal issues
Application: The court addressed noncompliance with Texas Rule of Appellate Procedure 38.1(g), which requires factual statements in briefs to be supported by record references.
Reasoning: Frazer Transport, Inc. filed a motion to strike the brief of appellee Transafe, Inc. in the case Frazer Transport, Inc. v. Transafe, Inc., due to noncompliance with Texas Rule of Appellate Procedure 38.1(g), which requires statement of facts to be supported by record references.
Court's Authority to Strike Noncompliant Brief Sectionssubscribe to see similar legal issues
Application: The court exercised its authority to strike sections of a brief that did not comply with procedural rules, specifically those lacking required record references.
Reasoning: The court noted that the first two paragraphs of Transafe's statement of facts lacked such references and granted Frazer's motion in part, striking the offending sections of Transafe's brief.
Requirement to Amend Noncompliant Briefssubscribe to see similar legal issues
Application: The court ordered Transafe to amend its brief by revising the noncompliant sections to include supporting record references.
Reasoning: Transafe is ordered to file an amended brief, revising only the first two paragraphs of the statement of facts, by March 10, 2017.