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.

Redlich v. Mize

Court of Appeals of Texas, Fifth District, Dallas

June 20, 2017

MICHAEL R. REDLICH, Appellant
v.
BRENDA MIZE, Appellee

         On Appeal from the County Court at Law No. 1 Grayson County, Texas Trial Court Cause No. 2016-1-038CV

          Before Justices Lang, Fillmore, and Schenck

          MEMORANDUM OPINION

          DAVID J. SCHENCK JUSTICE.

         Michael R. Redlich, a pro se litigant, appeals from a default judgment in favor of Brenda Mize, which awarded Mize possession of certain real property, back rent, and attorney's fees. Redlich failed to comply with the briefing requirements of our appellate rules after having been given the opportunity to do so. Thus, he waived his 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.

         Factual & Procedural Background

         On March 8, 2016, Mize filed suit in a justice court to evict Redlich and another tenant from certain real property for failure to pay rent in January 2016 and March 2016 and failure to pay a deposit. A jury found in favor of Mize and awarded her $565 and costs of $201. Redlich appealed the judgment of the justice court to the county court at law, which set the case for a non-jury trial on June 3, 2016.[1]

         On June 3, 2016, Mize and her attorney appeared, but Redlich was not present. Mize testified she and Redlich and the other tenant entered into a rental agreement on December 12, 2015, and that Redlich and the other tenant became delinquent in their rental payment the first month, January 2016. Mize gave Redlich written notices to vacate directed toward him and the other tenant before filing suit for eviction. Mize stated she was seeking the right to possession and judgment for back rent. She testified Redlich and the other tenant owed her $2, 815 in unpaid rent and deposit fees, and that she had paid $700 in attorney's fees. In addition to her testimony, Mize submitted a document she testified was an accounting of the rental collections she had made from the property at issue. At the conclusion of trial, the county court at law granted judgment in favor of Mize, awarding her $2, 815 in delinquent rent and $700 in attorney's fees, as well as any properly taxable court costs. On June 7, 2016, Redlich appealed the county court at law's judgment.[2]

         On August 12, 2016, Redlich filed his appellate brief. On August 17, 2016, this Court sent written notice to Redlich that his brief did not satisfy the minimum requirements of the rules of appellate procedure. The notice advised Redlich that his brief was deficient as follows:

1. The brief did not contain a complete list of all parties to the trial court's judgment or appealable order with the names and addresses of all trial and appellate counsel.
2. The table of contents did not indicate the subject matter of each issue or point, or group of issues or points.
3. The brief did not contain an index of authorities arranged alphabetically and indicating the pages of the brief where the authorities were cited.
4. The brief did 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.
5. The brief did not concisely state all issues or points presented for review.
6. The brief did not contain a concise statement of the facts supported by ...

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.