Court of Appeals of Texas, Fifth District, Dallas
Appeal from the 68th Judicial District Court Dallas County,
Texas Trial Court Cause No. DC-16-13596
Justices Bridges, Lang-Miers, and Evans
ELIZABETH LANG-MIERS JUSTICE
Saleh appeals the trial court's judgment dismissing with
prejudice his case pursuant to Texas Rule of Civil Procedure
Rule 91a. We dismiss the appeal.
sued Appellees alleging a conspiracy against appellant and a
breach of contract arising out of actions taken in a prior
suit. After the trial court dismissed the case with prejudice
in favor of appellees, appellant, representing himself,
timely filed his notice of appeal with this Court and
submitted a brief that did not comply with the briefing
requirements set forth in the Texas Rules of Appellate
Procedure. See Tex. R. App. P. 38.1 (providing
requirements for an appellant's brief). By letter, we
notified appellant of his brief's specific deficiencies
and warned him that if he failed to file an amended brief
that complies with the rules within ten days, his appeal
might be dismissed. See Tex. R. App. P. 38.1,
42.3(b), (c). After receiving appellant's amended brief,
appellees filed a "Motion to Dismiss for Failure to
Comply, " contending that the amended brief is deficient
in a number of ways. Because the amended brief does not
comply with the long-established briefing rules, we grant
appellees' motion and dismiss appellant's appeal.
litigant has the right to represent himself at trial and on
appeal. Bolling v. Farmers Branch Indep. Sch. Dist.,
315 S.W.3d 893, 895 (Tex. App.-Dallas 2010, no pet.). The
right of self-representation on appeal carries with it the
duty to adhere to the rules of appellate procedure.
Id. Pro se appellants are held to the same standard
as licensed attorneys. See Strange v. Cont'l Cas.
Co., 126 S.W.3d 676, 677 (Tex. App.-Dallas 2004, pet.
denied). Our rules of appellate procedure have specific
requirements for the contents of all briefs accepted by the
courts. See Tex. R. App. P. 38. Among other
requirements, the rules require appellants to state concisely
their complaints, provide understandable, succinct, and clear
argument showing why their complaints are meritorious in fact
and in law, to cite and apply applicable law, and provide
appropriate references to the record. See Tex. R.
App. P. 38.1(f-i); Bolling, 315 S.W.3d at 895. When
determining whether a particular brief is deficient, we do
not adhere to rigid rules, but rather examine the brief for
compliance with the rules of appellate procedure. See
Bolling, 315 S.W.3d at 895. Only after receiving
adequate briefing may we go on to review the merits of the
appeal. Id. If an appellant fails to provide
adequate briefing, we may dismiss the appeal. See
Tex. R. App. P. 42.3; Bolling, 315 S.W.3d at 895-96.
The Clerk of the Court notified appellant that his brief was
deficient in the following ways:
• It lacked an index of authorities.
• The statement of the case and statement of facts did
not contain references to the record.
• The argument did not contain appropriate citations to
authorities nor did it contain appropriate citations to the
• It did not contain a proper certificate of compliance.
• Items were missing from the appendix.
after receiving notice of the deficiencies from the Clerk and
an opportunity to submit a conforming brief, appellant's
amended brief remains deficient in respects identified in the
the amended brief lacks appropriate citations to the record
in the statement of the case, the statement of facts, and the
argument. See Tex. R. App. P. 38.1(d), (g), (i).
Appellant's amended brief presents only long sweeping
narratives with an occasional reference to a document or to
the complete record of his case. At no point does appellant
pinpoint any particular page reference in the clerk's
record where support for his factual assertions can be found.
It is not the duty of the Court to comb through the record
for facts favorable to appellant's position. See
Fredonia State Bank v. Gen. Am. Life Ins. Co., 881
S.W.2d 279, 283- 84 (Tex. 1994); Bolling, 315 S.W.3d
the argument section of the amended brief does not contain
appropriate citations to authority. See Tex. R. App.
P. 38.1(i). The amended brief cites only to one authority,
dealing with the elements of a contract, and the sole
authority is cited only in the statement of facts and briefly
summarized in a page of the appendix. There are no citations
to authority in the argument section of the brief. The Court
is not responsible for finding the legal authorities to
support appellant's contentions. See Bolling,
315 S.W.3d at 895. To provide appellant ...