Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Wilburn v. Dacus

Court of Appeals of Texas, Fifth District, Dallas

June 7, 2017

KATHY WILBURN AND KORWIN WILBURN, Appellants
v.
SUSAN DACUS, Appellee

         On Appeal from the 416th Judicial District Court Collin County, Texas Trial Court Cause No. 416-02347-2013

          Before Justices Fillmore, Whitehill, and Boatright

          MEMORANDUM OPINION

          BILL WHITEHILL JUSTICE

         After a 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 earlier.[1]

          We 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.

         I. Background

         The 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.

         Appellants 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 setting.

         Appellants 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 continuance.

         When 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.

         II. Analysis

         A. Were Appellants' issues adequately briefed?

         Appellants 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.

         Litigants 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 ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.