Quinn Anthony Watkins v. Angela Pandya-Calvillo
CourtTexas Court of Appeals, 4th District (San Antonio)
Date FiledSeptember 16, 2026
Docket04-24-00557-CV
StatusPublished
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Full Opinion
Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-24-00557-CV
Quinn Anthony WATKINS,
Appellant
v.
Angela PANDYA-CALVILLO,
Appellee
From the County Court at Law No. 10, Bexar County, Texas
Trial Court No. 2024CV06277
Honorable Cesar Garcia, Judge Presiding
PER CURIAM
Sitting: Adrian A. Spears II, Justice
H. Todd McCray, Justice
Velia J. Meza, Justice
Delivered and Filed: September 16, 2026
DISMISSED FOR WANT OF PROSECUTION
On July 14, 2026, Appellant Quinn Anthony Watkins filed a pro se appellant’s brief. His
brief consisted of the following statements:
In this brief I, Quinn Anthony Watkins, therefore mentioned as Appellant, will
explain the error made in the trial court.
1. The trial court err[ed] by ruling in favor of the Appellee despite the fact
that Appellee failed to provide that the 3 day notice was signed &
delivered to by Appellant. See Texas Property Code 24.005.
04-24-00557-CV
In conclusion I am requesting that this ruling is overturned & the case dismissed
due to the error made by the trial judge.
In this court’s order of July 23, 2026, we explained that Texas Rule of Appellate Procedure
38 specifies that appellate briefs are required to contain, among other things, (1) a complete list of
all parties to the appealed-from order and names of counsel; (2) a table of contents; (3) an index
of authorities; (4) a statement of the case that states concisely the nature of the case, supported by
record references; (5) the issues or points presented; (6) a statement of facts setting forth the facts
pertinent to the issues or points presented, supported by record references; (7) a summary of the
argument; (8) an argument for the contentions made, with appropriate citations to authorities and
the record; and (9) a prayer for relief. TEX. R. APP. P. 38.1(a), (b), (c), (d), (f), (g), (h), (i), (j). We
further explained that an appellant’s brief must also be accompanied by an appendix containing
copies of the documents required by Texas Rule of Appellate Procedure 38.1(k). See TEX. R. APP.
P. 38.1(k). We noted that appellant’s brief did not comply with any of these requirements. See TEX.
R. APP. P. 38.1(a), (b), (c), (d), (f), (g), (h), (i), (j), (k).
Substantial compliance with Rule 38 is sufficient. TEX. R. APP. P. 38.9. However, if Rule
38 has been flagrantly violated, this court may require a brief to be amended, supplemented, or
redrawn. TEX. R. APP. P. 38.9(a). Therefore, in our July 23, 2026 order, we warned appellant that
if another noncomplying brief was filed, we would strike appellant’s brief, prohibit him from filing
another, and proceed as if appellant had failed to file a brief. Id. We further explained that if an
appellant fails to timely file a brief, we may dismiss the appeal for want of prosecution. TEX. R.
APP. P. 38.8(a)(1).
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04-24-00557-CV
Finally, we explained that appellant’s brief did not comply with Texas Rules of Appellate
Procedure 9.4 and 9.5 in that the brief did not include a certificate of compliance or a certificate of
service. See TEX. R. APP. P. 9.4(i)(3), 9.5(d).
While it is true that pro se pleadings and briefs are to be liberally construed, a pro se litigant
is still required to comply with the law and rules of procedure. See Shull v. United Parcel Serv., 4
S.W.3d 46, 52-53 (Tex. App.—San Antonio 1999, pet. denied). Because appellant’s brief did not
comply with Rules 9.4, 9.5, and 38.1, we ordered appellant to file an amended brief that complies
with Rules 9.4, 9.5, and 38.1 no later than August 24, 2026. We warned appellant that if he failed
to timely file a brief that complies with the aforementioned rules, this court would dismiss the
appeal for want of prosecution. See TEX. R. APP. P. 38.8(a)(1); Smith v. DC Civ. Constr., LLC, 521
S.W.3d 75, 76 (Tex. App.—San Antonio 2017, no pet.) (striking appellant’s amended brief for
failing to comply with Rule 38.1 after being ordered to do so, prohibiting appellant from filing
another amended brief, and dismissing appeal for want of prosecution).
Appellant has not filed an amended brief as ordered. Therefore, we strike appellant’s brief,
prohibit him from filing another brief, and proceed as if appellant failed to file a brief. See TEX. R.
APP. P. 38.9(a); Ausbie v. Salvation Army, Inc., No. 02-19-00240-CV, 2020 WL 479281, at *1
(Tex. App.—Fort Worth Jan. 30, 2020, no pet.) (striking appellant’s brief and dismissing appeal
for want of prosecution because appellant failed “to file an amended brief despite being given the
opportunity to do so”). We dismiss this appeal for want of prosecution. See TEX. R. APP. P.
38.8(a)(1).
PER CURIAM
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