law-appeals
COMMONS ERROR IN APPEALS - BRIEFING REQUIREMENTS
Texas Rule of Appellate Procedure 38.1(h) requires that an appellant’s brief “must
contain a clear and concise argument for the contentions made, with appropriate
citations to authorities and to the record.” TEX. R. APP. P. 38.1(h). “Rule 38 requires
[a party] to provide us with such discussion of the facts and the authorities relied
upon as may be requisite to maintain the point at issue.” Tesoro Petroleum Corp. v.
Nabors Drilling USA, Inc., 106 S.W.3d 118, 128 (Tex. App.—Houston [1st Dist.] 2002,
pet. denied), quoted in Morrill v. Cisek, 226 S.W.3d 545, 548 (Tex. App.—Houston [1st
Dist.] 2006, no pet.). “This is not done by merely uttering brief conclusory
statements, unsupported by legal citations.” Id. “Issues on appeal are waived if an
appellant fails to support his contention by citations to appropriate authority or cites
only to a single non-controlling case.” Abdelnour v. Mid Nat’l Holdings, Inc., 190 S.W.
3d 237, 241 (Tex. App.—Houston [1st Dist.] 2006, no pet.); Daniel v. Falcon Interest
Realty Corp., 190 S.W.3d 177, 189 (Tex. App.—Houston [1st Dist.] 2005, no pet.).
An appellate brief must contain a clear and concise argument for the contentions made, with
appropriate citations to authorities and to the record. Tex.R.App. P. 38.1(i). When a party fails to
properly brief, we are unable to discharge our responsibility to review and properly dispose of the
appeal. Bolling v. Farmers Branch Independent School Dist., 315 S.W.3d 893, 895 (Tex.App.-Dallas
2010, no pet.). We are not responsible for searching the record for facts that may be favorable to a
party's position. Fredonia State Bank v. Gen. Am. Life Ins. Co., 881 S.W.2d 279, 283-84 (Tex.1994).
Where a brief fails to comply with the requirements of Rule 38.1(i), a party waives the appellate points
intended for our consideration. In re Estate of Taylor, 305 S.W.3d 829, 837 (Tex.App.-Texarkana
2010, no pet.), citing Valadez v. Avitia, 238 S.W.3d 843, 845 (Tex.App.-El Paso 2007, no pet.).
common errors in mandamus proceedings, petitions
DISMISSAL OF APPEAL
dismissal for failure to pay filing fee and/or clerk's record on appeal or make payment arrangements
dismissal for want, lack, absence of appellate jurisdiction
dismissal for want of prosecution (DWOP)
ERROR PRESERVATION
preservation of error for appellate review
preservation of constitutional arguments for appeal
preservation of error in admission or exclusion of evidence, evidentiary rulings by trial court judge
STANDING: WHO MAY BRING AN APPEAL?
standing to bring appeal, lack of standing raised on appeal as jurisdictional argument
LEGAL THEORIES OF RECOVERY AND LAWSUIT DEFENSES IN TEXAS | INDEX TO HOUSTON CASE LAW PAGES |
TEXAS COURT OF APPEALS OPINIONS
HOUSTON OPINIONS HOME PAGE