Opinion
No. 05-11-00639-CV
05-11-2012
GREGORY BERNARD FROST, Appellant v. TERESA MAE FROST, Appelle
DISMISS; Opinion Filed May 11, 2012.
On Appeal from the 301 Judicial District Court
Judicial District Court of Dallas County, Texas. (Tr.Ct.No. 10- 07190).
Dallas County, Texas
Trial Court Cause No. 10-07190
MEMORANDUM OPINION
Before Chief Justice Wright and Justices Francis and Lang-Miers
Opinion By Chief Justice Wright
After the trial court entered a final decree of divorce, appellant, representing himself, filed an appellant's brief. By letter dated September 22, 2011, we notified him the brief was deficient and instructed him to file an amended brief that complied with the Texas Rules of Appellate Procedure. We cautioned appellant that failure to do so might result in dismissal of the appeal. To date, appellant has not filed an amended brief or otherwise communicated with the Court.
Rule 38. 1 of the rules of appellate procedure requires an appellant to state concisely the complaint he may have, provide understandable, succinct, and clear argument for why the complaint has merit in fact and in law, and cite and apply law that is applicable to the complaint being made along with record references that are appropriate. Tex. R. App. P. 38.1(f), (h), and (i). 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. 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.). We are not responsible for searching the record for facts that may be favorable to a party's position. Id. And, we are not responsible for doing the legal research that might support a party's contentions. Id. Were we to do so, even for a pro se litigant untrained in the law, we would be abandoning our role as judges and become an advocate for that party. Id.
If we must speculate or guess about what contentions are being made, then the brief fails. Id. Importantly, statements of fact must be supported by direct references to the record that are precise in locating the fact asserted. Id. If record references are not made or are inaccurate, misstated, or misleading, the brief fails. Id. And, just as importantly, existing legal authority applicable to the facts and the questions we are called on to answer must be accurately cited. Id.
Here, we notified appellant his brief was deficient for, among other things: (1) failure to concisely state all issues or points presented for review; (2) failure to contain a concise statement of facts supported by record references; and (3) failure to cite to authorities or to the record in his argument.
Because appellant has failed to comply with the briefing rules contained in the rules of appellate procedure after having been given the opportunity to do so, we dismiss this appeal. See Tex. R. App. P. 38.8(a)(1); 38.9(a).
CAROLYN WRIGHT
CHIEF JUSTICE
110639F.P05
Court of Appeals Fifth District of Texas at Dallas JUDGMENT
GREGORY BERNARD FROST, Appellant
V.
TERESA MAE FROST, Appellee
No. 05-11-00639-CV
Appeal from the 301
Opinion delivered by Chief Justice Wright, Justices Francis and Lang-Miers participating.
In accordance with this Court's opinion of this date, this appeal is DISMISSED. It is ORDERED that appellee Teresa Mae Frost recover her costs of this appeal from appellant Gregory Bernard Frost.
Judgment entered May 11, 2012.
CAROLYN WRIGHT
CHIEF JUSTICE