Court of Appeals of Texas, Fifth District, Dallas
MICHAEL R. REDLICH, Appellant
BRENDA MIZE, Appellee
Appeal from the County Court at Law No. 1 Grayson County,
Texas Trial Court Cause No. 2016-1-038CV
Justices Lang, Fillmore, and Schenck
J. SCHENCK JUSTICE.
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.
& Procedural Background
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,
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.
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 ...