Court of Appeals of Texas, Fourth District, San Antonio
the County Court at Law No. 10, Bexar County, Texas Trial
Court No. 2017CV03082 Honorable Tommy Stolhandske, Judge
Sitting: Sandee Bryan Marion, Chief Justice Patricia O.
Alvarez, Justice Luz Elena D. Chapa, Justice
Patricia O. Alvarez, Justice
Ray Jesse Olivarri sought to evict his brother Christopher
Olivarri and his wife Appellant Maria Olivarri from a house Ray
inherited. The justice court granted judgment in Ray's
favor. Chris and Maria appealed for a trial de novo in the
county court; it granted a default judgment for Ray and
authorized a writ of possession. Acting pro se, Maria
appeals. Because Maria's brief has presented nothing for
appellate review, we affirm the county court's order.
In a forcible detainer suit brought in the justice court, Ray
sued Chris and Maria for possession of the property at 522
Cosgrove Street, San Antonio, Texas. Ray argued his mother
devised the property to him, and Chris and Maria, who were
living in the house, had no right to possess the property.
The justice court found Chris and Maria had forcibly detained
the premises and awarded Ray possession of the property.
Chris and Maria appealed to the county court for trial de
novo. The trial was set but Chris and Maria failed to appear,
and the county court granted a default judgment for Ray. The
county court signed an order for issuance of a writ of
possession, and Maria timely filed a notice of appeal.
brief contains a one-page Statement of Facts which primarily
lists her personal property that was destroyed during the
eviction process; her brief also argues the justice court
prevented Chris from presenting his Rent-to-Own agreement.
The Statement contains argument and no citations to the
record. Contra Tex. R. App. P. 38.1(g).
Summary of the Argument section argues the justice court
"should have considered the evidence" and the
judgment was not supported by factually sufficient evidence.
The three-paragraph Argument section recites alleged facts,
without citations to the record, and cites three authorities:
the Fourth Amendment, see U.S. Const. amend. IV;
section 17.47 of the Deceptive Trade Practices Act,
see Tex. Bus. & Com. Code Ann. § 17.47
(West 2011) ("Restraining Orders"); and section
406.014 of the Texas Government Code, see Tex.
Gov't Code Ann. § 406.014 (West Supp. 2017)
must construe Maria's brief reasonably, yet liberally.
See First United Pentecostal Church of Beaumont v.
Parker, 514 S.W.3d 214, 222 (Tex. 2017) (requiring
courts of appeals "to construe briefing 'reasonably,
yet liberally, so that the right to appellate review is not
lost by waiver.'" (quoting Perry v. Cohen,
272 S.W.3d 585, 587 (Tex. 2008))).
No Arguments or Citations
was required to file a brief that "contain[s] a clear
and concise argument for the contentions made, with
appropriate citations to authorities and to the record."
See Tex. R. App. P. 38.1(i); ERI Consulting
Eng'rs, Inc. v. Swinnea, 318 S.W.3d 867, 880 (Tex.
2010). Construing her brief reasonably yet liberally, we
nevertheless necessarily ...