Unreported / Non-Citable
Background
Curtis L. Johnson, representing himself, appealed a final take-nothing judgment entered by the County Court at Law No. 6 of Montgomery County. After the appellate record was filed, the clerk notified Johnson that his brief did not comply with Texas Rule of Appellate Procedure 38.1 and lacked the required certificate of service. The court directed him to file a compliant brief by April 24, 2026.
Johnson submitted another brief on June 4, 2026. On August 18, the clerk informed him that its certificate of service remained defective and warned that the appeal would be dismissed unless, within 10 days, he filed a certificate complying with Texas Rule of Appellate Procedure 9.5(e) and showed that appellee’s counsel had received the brief. Johnson did not comply.
The Court’s Holding
The Ninth Court of Appeals dismissed Johnson’s appeal because he failed to comply with the clerk’s notice requiring a valid certificate of service and proof that the appellee’s counsel had been served.
The court relied on Texas Rules of Appellate Procedure 42.3(c), which permits dismissal for failure to comply with a court requirement or notice from the clerk, and 43.2(f), which authorizes an appellate court to dismiss an appeal. The court therefore did not reach the merits of the take-nothing judgment.
Key Takeaways
- An appellate brief must include a certificate of service that complies with Texas Rule of Appellate Procedure 9.5(e).
- A self-represented appellant remains responsible for complying with appellate filing and service requirements.
- Failure to correct a defective certificate after notice and a dismissal warning may result in dismissal without review of the merits.
Why It Matters
The decision underscores that service requirements are enforceable procedural obligations, not mere formalities. An appellant who fails to document service after receiving notice and an opportunity to cure risks losing the appeal before the court considers any substantive argument.