Joshua G. Crampton v. John Montez and Carly Montez — Order

Fourth Court of Appeals
San Antonio, Texas
October 20, 2026
No. 04-26-00437-CV
Joshua G. CRAMPTON,
Appellant
v.
John MONTEZ and Carly Montez,
Appellees
From the 498th District Court, Kendall County, Texas
Trial Court No. 25-369
Honorable Merry Katherine McDaniel, Judge Presiding
O R D E R
On September 25, 2026, we issued an order striking appellant’s brief because the brief
violated Texas Rule of Appellate Procedure 38.1. In our order, we noted that appellant’s brief did
not contain: (1) citations to the appellate record; or (2) an appendix that includes a copy of “the
trial court’s judgment or other appealable order from which relief is sought[.]” We notified
appellant that if he did not file an amended brief that complied with the Texas Rules of Appellate
Procedure, we would dismiss this appeal for want of prosecution.
On October 19, 2026, appellant timely filed an amended brief. However, the brief does
not fully comply with the applicable rules. For example, the citations to the clerk’s record
include tab numbers rather than page numbers, and the citations to the reporter’s record use page
numbers that do not exist in the reporter’s record. Additionally, there is no appendix attached to
the brief. The amended brief therefore does not include Rule-compliant versions of the
following:
• 	Statement of Facts.
• 	Argument, or
• 	an Appendix.
See id. R. 9.4, 9.5, 38.1.
While we recognize appellant is acting pro se on appeal, “a pro se litigant is held to the
same standards as licensed attorneys and must comply with applicable laws and rules of

procedure.” Strange v. Cont’l Cas. Co., 126 S.W.3d 676, 677 (Tex. App.—Dallas 2004, pet.
denied). Nevertheless, despite the amended brief’s defects, we are not ordering appellant to file a
second amended brief. We note, however, that the submission panel may determine that
appellant has waived one or more issues due to inadequate briefing if the noted deficiencies are
not corrected prior to submission. See Canton-Carter v. Baylor Coll. of Med., 271 S.W.3d 928,
931 (Tex. App.—Houston [14th Dist.] 2008, no pet.) (briefing waiver).
Appellees’ brief is due on November 18, 2026. See TEX. R. APP . P. 38.6(b).
_________________________________
Lori I. Valenzuela, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said
court on this 20th day of October, 2026.
___________________________________
Caitlin A. McCamish, Clerk of Court