Summary
stating that because Gonzalez failed to cite authority or provide argument supporting his claims for relief, he waived his claims due to inadequate briefing
Summary of this case from Ramos v. StateOpinion
No. 07-16-00305-CV
05-19-2017
DAVID GONZALEZ, APPELLANT v. MADISON PARK, APPELLEE
On Appeal from the County Court at Law No. 3 Lubbock County, Texas
Trial Court No. 2016-572 ,119; Honorable Judy C. Parker, Presiding
MEMORANDUM OPINION
Before QUINN, C.J., and CAMPBELL and PIRTLE, JJ.
After receiving two extensions, appellant, David Gonzalez, proceeding pro se, filed his appellate brief with this court on January 11, 2017. On January 12, this court sent notice to Gonzalez that his brief does not include the contents required by Texas Rule of Appellate Procedure 38.1 and further notifying him that his noncompliant brief would be submitted for consideration if he failed to file a corrected brief by January 27. To date, Gonzalez has not filed any further correspondence with this Court.
Review of Gonzalez's brief reveals that he failed to comply with nearly all of the requirements of Rule 38.1. Gonzalez failed to cite authority or provide argument supporting his claims for relief resulting in waiver of his claims due to inadequate briefing. Loudder v. Crop Quest, Inc., No. 07-13-00185-CV, 2014 Tex. App. LEXIS 7368, at *13-14 (Tex. App.—Amarillo July 8, 2014, pet. denied) (mem. op.) (citing Harris v. Archer, 134 S.W.3d 411, 447 (Tex. App.—Amarillo 2004, pet. denied) (mem. op.)). As such, we dismiss Appellant's appeal. TEX. R. APP. P. 43.2(a), (f).
Beyond the dispositive issue discussed below, Gonzalez's brief fails to identify the parties and their counsel, TEX. R. APP. P. 38.1(a); include a statement of the case, TEX. R. APP. P. 38.1(d); identify issues presented, TEX. R. APP. P. 38.1(f); include a statement of facts, TEX. R. APP. P. 38.1(g); include any citations to the record, TEX. R. APP. P. 38.1(i); include a prayer that clearly states the nature of the relief sought, TEX. R. APP. P. 38.1(j); and include necessary documents, such as the trial court's judgment or other appealable order from which relief is sought, in an appendix. TEX. R. APP. P. 38.1(k).
Per Curiam