Court of Appeals of Texas, Fifth District, Dallas
Appeal from the 416th Judicial District Court Collin County,
Texas Trial Court Cause No. 416-02347-2013
Justices Fillmore, Whitehill, and Boatright
jury trial concerning injuries allegedly suffered after a
rear end collision between Kathy and Korwin Wilburn (together
Appellants), on one hand, and Susan Dacus, on the other, the
trial court entered a take-nothing judgment for Dacus.
Appellants, appearing pro se, in what we construe to be ten
issues argue generally that the trial court erred by (i)
conducting the trial without all plaintiffs present, and (ii)
conducting the trial without all witnesses present, (iii) not
considering various pieces of evidence, and (iv) not
recognizing that the case should have settled
conclude that Appellants' arguments are forfeited because
they are inadequately briefed. Moreover, Appellants would not
prevail even if there were no briefing waiver because the
alleged errors were not preserved in the trial court. We thus
affirm the trial court's judgment.
facts are well known to the parties, so we need not discuss
them in detail here. Instead, we focus only on those facts
pertinent to the issues presented.
and Lawrence Wilburn sued Dacus for personal injuries that
allegedly resulted when Dacus rear-ended Appellants' van.
Lawrence's claim was severed into a separate cause number
and tried separately because she did not appear for the trial
were represented by counsel at trial. Counsel did not object
to proceeding without Lawrence nor were there objections
regarding absent witnesses. Appellants did not move for a
the trial concluded, the jury found that all parties were
negligent, and apportioned responsibility at: 1% Kathy
Wilburn, 98% Korwin Wilburn, and 1% Dacus. There were no
damages awarded. Thus, the trial court entered a take-nothing
judgment for Dacus.
Were Appellants' issues adequately briefed?
argue generally that the trial court erred by proceeding to
trial without Lawrence Wilburn and another witness, Kammy
Dismuke. But these arguments and the accompanying subpoints
have not been briefed according to the rules of appellate
procedure. See Tex. R. App. P. 38.1.
appearing on their own behalf are held to the same standards
as licensed attorneys and must comply with all applicable
laws and rules of procedures. See Mansfield State Bank v.
Cohn,573 S.W.2d 181, 184-85 (Tex. 1978). Thus, a pro se
litigant must properly present his case on appeal, and we may
not apply different standards for litigants appearing without
the advice of ...