Opinion
05-22-00265-CV
06-13-2023
ROBERT HENDRICKS, Appellant v. AMERICAN ZURICH INSURANCE COMPANY, Appellee
On Appeal from the 162nd Judicial District Court Dallas County, Texas Trial Court Cause No. DC-13-06258
Before Justices Partida-Kipness, Reichek, and Miskel
MEMORANDUM OPINION
AMANDA L. REICHEK JUSTICE
Robert Hendricks appeals the trial court's order dismissing his bill of review.Appellant's counsel filed a brief on behalf of appellant on October 20, 2022. On October 28, we informed counsel that the brief was deficient because it failed to meet thirteen different requirements of Rule 38 of the Texas Rules of Appellate Procedure. We directed counsel to file an amended brief within ten days. We also cautioned that failure to file an amended brief could result in dismissal of the appeal without further notice. No amended brief was filed. Accordingly, by order dated December 9, we informed appellant that his appeal would be decided based on the original, deficient brief.
The pleading filed by appellant in the trial court was entitled "Plaintiff's Motion." For purposes of this opinion, we will assume it was intended as a bill of review.
Our rules of appellate procedure have specific requirements for the contents of all briefs accepted by the appellate courts. See Tex. R. App. P. 38. Among other requirements, the brief must state concisely the appellant's complaints; provide understandable, succinct, and clear argument showing why their complaints are meritorious in fact and in law; cite and apply applicable law; and provide appropriate references to the record. Id. We are not responsible for identifying possible trial court error. Bolling v. Farmers Branch Indep. Sch. Dist., 315 S.W.3d 893, 895 (Tex. App.-Dallas 2010, no pet.). The appellant must articulate the issues they are asking us to decide, and guide us through their argument with specific references to both the record and relevant legal authority. Id. at 896. "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." Id. at 895.
In this case, appellant's brief contains no citations to either the record or any legal authority. The brief also fails to articulate any issues to be decided and does not identify how the trial court erred in dismissing appellant's claims. The brief merely recites the facts of the case, along with a portion of the procedural background, and asks us to reverse the trial court's judgment. Without adequate briefing, appellant presents nothing for our review.
Because appellant has failed to comply with the briefing requirements of the rules of appellate procedure after having been given the opportunity to do so, we dismiss this appeal. Tex.R.App.P. 42.3(c).
JUDGMENT
In accordance with this Court's opinion of this date, the appeal is DISMISSED.