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Bertaud v. Wolner Industries

Court of Appeals of Texas, Fifth District, Dallas

April 12, 2017

CECILIA BERTAUD, Appellant
v.
WOLNER INDUSTRIES, Appellee

         On Appeal from the County Court at Law No. 5 Dallas County, Texas Trial Court Cause No. CC-15-02007-E

          Before Justices Bridges, Evans, and Schenck

          MEMORANDUM OPINION

          DAVID J. SCHENCK JUSTICE

         Cecilia Bertaud ("Bertaud"), a pro se litigant, files this appeal complaining of the trial court's final judgment in a forcible detainer action awarding possession of certain real property to Wolner Industries, Inc. ("Wolner"). Bertaud failed to comply with the briefing requirements of our appellate rules after receiving notice of the deficiency and an opportunity to cure. Thus, she waived her complaint. Because all dispositive issues are settled in law, we issue this memorandum opinion. See Tex. R. App. P. 47.2(a), 47.4. We affirm the trial court's judgment.

         Background

         On March 23, 2015, Wolner filed a Petition for Eviction in the Justice Court seeking to evict Bertaud from occupying a condominium unit following a foreclosure sale. On April 20, 2015, the Justice Court entered an order awarding possession of the premises at issue to Wolner. Bertaud appealed the Justice Court's order to the County Court at Law, Dallas County. On April 30, 2015, the County Court at Law affirmed the Justice Court's order and this appeal followed.

         On November 25, 2015, Bertaud filed both a brief and a motion for extension of time to retain a lawyer. On December 14, 2015, this Court sent written notice to Bertaud that her brief did not satisfy the minimum requirements of the Texas Rules of Appellate Procedure. That notice advised Bertaud that her brief was deficient as follows:

(1) it does not contain a complete list of all parties to the trial court's judgment;
(2) it does not contain an index of authorities with page references;
(3) it does not contain a concise statement of the case, the course of proceedings, and the trial court's disposition of the case supported by record references;
(4) it does not concisely state all issues or points presented for review;
(5) it does not contain a concise statement of the facts supported by record references;
(6) it does not contain a succinct, clear, and accurate statement of the arguments made in ...

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