Court of Appeals of Texas, Fifth District, Dallas
Appeal from the County Court at Law No. 2 Dallas County,
Texas Trial Court Cause No. CC-18-05397-B
Justices Bridges, Whitehill, and Nowell
A. NOWELL JUSTICE.
a forcible detainer action. Following a bench trial, the
county court at law determined appellee The Housing Authority
of the City of Dallas, Texas, Hidden Ridge, had a superior
right to possess the property at issue. Appellant Veronica
Johnson, acting pro se, appeals the trial court's
judgment. However, because appellant failed to provide the
Court with a brief that complies with the rules of appellate
procedure, we dismiss her appeal.
se litigant is held to the same standards as licensed
attorneys and must comply with applicable laws and rules of
procedure. Strange v. Cont'l Casualty Co., 126
S.W.3d 676, 677-78 (Tex. App.-Dallas 2004, pet. denied).
Texas Rule of Appellate Procedure 38.1 provides the
requirements for an appellant's brief. See Tex.
R. App. P. 38.1. "Only when we are provided with proper
briefing may we discharge our responsibility to review the
appeal and make a decision that disposes of the appeal one
way or the other." Bolling v. Farmers Branch Indep.
Sch. Dist., 315 S.W.3d 893, 895 (Tex. App.-Dallas 2010,
no pet.); see Crenshaw v. Hous. Auth. of City of Dallas,
Texas-Cliff Manor, No. 05-18-00143-CV, 2019 WL 1486890,
at *2 (Tex. App.-Dallas Apr. 4, 2019, no pet.) (mem. op.). We
are not responsible for identifying possible trial court
error, for searching the record for facts that may be
favorable to a party's position, or for doing legal
research that might support a party's contention. See
Bolling, 315 S.W.3d at 895. "Were we to do so, even
for a pro se litigant untrained in law, we would be
abandoning our rule as judges and become an advocate for that
not adhere to rigid rules about the form of briefing when
deciding whether an appellant's brief is deficient. We
do, however, examine briefs for compliance with the briefing
rules. After a close examination, if we can conclude a brief
complies with the Texas Rules of Appellate Procedure, we
submit the appeal for review and decision on the merits. If
we cannot, we may dismiss the appeal as we are authorized to
do by our appellate rules. Tex.R.App.P. 42.3(c);
Bolling, 315 S.W.3d at 895-96.
filed her brief on April 26, 2019. On October 28, 2019, the
Court sent a letter to appellant informing her that her brief
did not satisfy the requirements of Rule 38 and was deficient
in the following respects: (1) it does 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) it does not contain a table of
contents with references to the pages of the brief; (3) the
table of contents does not indicate the subject matter of
each issue or point, or group of issues or points; (4) it
does not contain an index of authorities arranged
alphabetically and indicating the pages of the brief where
the authorities are cited; (5) it does 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; (6) it does not concisely state all issues or
points presented for review; (7) it does not contain a
concise statement of the facts supported by record
references; (8) it does not contain a succinct, clear, and
accurate statement of the arguments made in the body of the
brief; (9) the argument does not contain appropriate
citations to authorities and the record; (10) it does not
contain a short conclusion that clearly states the nature of
the relief sought; and (11) it does not contain a proper
certificate of compliance or service. The letter also
informed appellant the trial court's judgment was missing
from the appendix to her brief. The letter concluded by
stating: "Failure to file an amended brief that complies
with the Texas Rules of Appellate Procedure within 10 days of
the date of this letter may result in dismissal of this
appeal without further notice from the Court." Appellant
did not file an amended brief.
appellant failed to comply with the briefing requirements of
our appellate rules after being given the opportunity to do
so, we dismiss the appeal.
accordance with this Court's opinion of this date, the
appeal is DISMISSED.
ORDERED that each party bear its own ...