Court of Appeals of Texas, Fourth District, San Antonio
the 150th Judicial District Court, Bexar County, Texas Trial
Court No. 2015EM504304 Honorable Nick Catoe Jr., Judge
Sitting: Karen Angelini, Justice Luz Elena D. Chapa, Justice
Irene Rios, Justice
Russell Adcock appeals from a judgment establishing the
parent-child relationship. In two issues, Adcock argues the
trial court erred by not allowing him an opportunity to
present his side of the case and by setting child support in
excess of the amount allowed by the Texas Family Code. We
6, 2015, the Texas Office of the Attorney General filed a
petition to establish the parent-child relationship between
Adcock and M.A.B. Adcock was served with the petition and
participated in court-ordered DNA testing, which showed that
he was M.A.B.'s biological father.
case was set for trial on the merits on June 1, 2016. On June
1, 2016, Adcock filed a document stating that he was no
longer a Texas resident, was residing in Ohio, and would be
unable to appear for trial. Adcock also requested that the
court "not order my physical appearance for any matters
involving this case" and stated that "[i]f the
court could please honor this [and] cease to continue with
such orders" then he "would be more than happy to
cooperate by any means which are available to me."
1, 2016, the trial court called the case for trial. Adcock
failed to appear. The Attorney General presented evidence,
consisting of the testimony of the child's mother and the
DNA testing results. The trial court rendered judgment
establishing the parent-child relationship between Adcock and
M.A.B., and ordering conservatorship, visitation, and
retroactive, medical, and child support for M.A.B. Adcock
first issue, Adcock argues that the trial court "move[d]
forward with a trial and subsequent judgment" without
allowing him "any opportunity to present his side of the
case or documents necessary to move forward with a fair and
just ruling." Adcock cites no cases or other authority
to support his argument.
Texas Rules of Appellate Procedure require adequate
briefing." ERI Consulting Eng'rs, Inc. v.
Swinnea, 318 S.W.3d 867, 880 (Tex. 2010); In re
Estate of Valdez, 406 S.W.3d 228, 235 (Tex. App.-San
Antonio 2013, pet. denied). In particular, Rule 38.1(i)
requires that an appellant's brief contain clear and
concise arguments with "appropriate citations to
authorities and to the record." Tex.R.App.P. 38.1(i). An
appellant who fails to satisfy these requirements waives the
issue on appeal. Valdez, 406 S.W.3d at 235.
Adcock cites no cases or other authority to support his
argument, his first issue is waived for inadequate briefing.
See id. (concluding issue was waived when the
appellant's brief failed to contain clear and concise
argument with appropriate citation to authorities and to the
second issue, Adcock argues the trial court violated chapter
154 of the Texas Family Code by setting the amount of child
support in excess of the amount allowed by statute. In its
judgment, the trial court ordered Adcock to pay ...