Opinion
No. 05-04-01826-CV
Opinion issued November 4, 2005.
On Appeal from the County Court at Law No. 2, Dallas County, Texas, Trial Court Cause No. cc-04-10079-B.
Affirmed.
Before Justices WHITTINGTON, FRANCIS, and LANG.
MEMORANDUM OPINION
Betty D. Brooks appeals the trial court's order granting Dallas County's plea to the jurisdiction. A review of this case shows that appellant filed her brief on January 19, 2005. In a letter dated January 20, 2005, the Court informed appellant that her brief failed to comply with Texas Rule of Appellate Procedure 38.1, subsections (c), (d), (f), and (h). Specifically, the brief did not contain (i) an index of authorities with page numbers indicating the pages where the authorities were cited, (ii) a concise statement of the case, the course of proceedings, and the trial court's disposition of the case with record citations, (iii) a concise statement of facts supported by record references, (iv) appropriate citation of authorities, or (v) appropriate citation to the record. Our January 20, 2005 letter directed appellant to submit eight copies of an amended brief correcting the deficiencies on or before January 30, 2005.
On January 31, 2005, appellant filed an amended brief. The amended brief did not correct any of the deficiencies noted in the Court's letter. The rules of appellate procedure require that a brief filed with this Court contain, among other things, a concise, nonargumentative statement of the facts of the case, supported by record references, and a clear and concise argument for the contention made with appropriate citations to authorities and the record. Tex.R.App.P. 38.1; McIntyre v. Wilson, 50 S.W.3d 674, 682 (Tex.App.-Dallas 2001, pet. denied). Bare assertions of error, without argument or authority, waive error. See Sullivan v. Bickel Brewer, 943 S.W.2d 477, 486 (Tex.App.-Dallas 1995, writ denied); see also Fredonia State Bank v. General Am. Life Ins. Co., 881 S.W.2d 279, 284 (Tex. 1994) (appellate court has discretion to waive point of error due to inadequate briefing). By failing to adequately brief her complaint, appellant has waived any issue she might have raised on appeal. See Devine v. Dallas County, 130 S.W.3d 512, 513-14 (Tex.App.-Dallas 2004, no pet.); Howell v. T S Communications, Inc., 130 S.W.3d 515, 518 (Tex.App.-Dallas 2004, no pet.).
Because there are no issues properly before us, we affirm the trial court's order granting Dallas County's plea to the jurisdiction.