Opinion
No. 05-07-00789-CV
Opinion Filed June 19, 2008.
On Appeal from the 366th Judicial District Court Collin County, Texas, Trial Court Cause No. 366-52109-98.
Before Justices MOSELEY, FRANCIS, and LANG.
MEMORANDUM OPINION
Michelle Wright appeals the trial court's sanction order requiring her to pay attorney's fees of $15,896 to Gary Murtha. In six issues, she contends the trial court abused its discretion in granting sanctions.
After appellant filed her original, fifty-page brief plus appendix, this Court notified her by letter that the brief was deficient in several specific respects, most notably that it did not contain appropriate citations to the record as required by Texas Rules of Appellate Procedure 38.1(d), (f) and (h). Appellant was given time to file an amended brief to cure the deficiencies.
Appellant then filed a fifty-page amended brief and a second appendix volume. The amended brief, however, still does not contain a single citation to the clerk's record or reporter's record as required by rule 38.1. Tex. R. App. P. 38.1. Rather, as with her original brief, all citations are to her appendix.
An appendix is not a substitute for a clerk's record or reporter's record nor are citations to the appendix a substitute for citations to the record. Because appellant has not provided any record citations, despite an opportunity to correct this deficiency, we conclude nothing is preserved for review. King v. County of Dallas, No. 05-06-01715-CV, slip op. at 1 (Tex.App.-Dallas Feb. 19, 2008, no pet.) (mem. op) (concluding issues not preserved when amended brief failed to cure deficiencies). We overrule all issues.
We affirm the trial court's sanction order.