Texas Department of Criminal Justice v. Destiny Ashley Swatts — Order

COURT OF APPEALS
EIGHTH DISTRICT OF TEXAS
EL PASO, TEXAS
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No. 08-26-00308-CV
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Texas Department of Criminal Justice, Appellant
v.
Destiny Ashley Swatts, Appellee
On Appeal from the 205th District Court
El Paso County, Texas
Trial Court No. 2024DCV3266
O R DE R
On October 8, 2026, Appellant, the Texas Department of Criminal Justice, filed a brief
containing 17,389 words. Because the brief exceeded the 15,000 word limit, we struck the brief
and ordered the Department to file an amended brief that complies with the rules of appellate
procedure by October 26, 2026. See Tex. R. App. P. 9.4(i)(2)(B), (i)(4), (k).

2
On October 19, 2026, the Department filed an amended brief, which was accompanied by
a “Motion Requesting Permission to Exceed the Word-Count Limit.” According to the certificate
of compliance in the amended brief, the amended brief “contains approximately 17,129 words”—
only 260, or less than 1.5%, fewer words than the Department’s original brief, and 2,129 words
more than the limit established by Texas Rule of Appellate Procedure 9.4(i)(2)(B).
In its motion, the Department states that “[d]ue to the complexity of the case, [the
Department’s] brief was rather lengthy,” and that the brief included a certificate of compliance that
“was believed to be in compliance with Tex. R. App. P. 9.4(i)(3).” The Department requests
permission “to file its Amended Brief in excess of the word-count limit” and states, in support of
its request, that “[g]ood cause exists to grant this motion.” The Department does not, however,
provide any explanation or argument as to what that alleged good cause may be, does not provide
evidence or argument to establish that this case is abnormally complex to the extent that it would
require the Department to file a brief in excess of the word count limit, and does not provide any
argument or explanation to establish why it was only able to reduce the length of its brief by 260
words.
We DENY the motion and STRIKE the Department’s amended brief. See Tex. R. App. P.
9.4(k). Our order requiring the Department to file an amended brief that complies with the rules of
appellate procedure by no later than October 26, 2026, remains in effect. The appellee’s brief will
be due 30 days after the amended brief is filed.
IT IS SO ORDERED this 20th day of October 2026.
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MARIA SALAS MENDOZA, Chief Justice