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Hughes v. Dall. Cnty.

Court of Appeals Fifth District of Texas at Dallas
Jul 7, 2016
No. 05-15-00854-CV (Tex. App. Jul. 7, 2016)

Opinion

No. 05-15-00854-CV

07-07-2016

MICHAEL A. HUGHES, Appellant v. DALLAS COUNTY, CITY OF DALLAS, DALLAS INDEPENDENT SCHOOL DISTRICT, DALLAS COUNTY COMMUNITY COLLEGE DISTRICT, DALLAS COUNTY SCHOOL EQUALIZATION FUND, AND PARKLAND HOSPITAL DISTRICT, Appellees


On Appeal from the 95th Judicial District Court Dallas County, Texas
Trial Court Cause No. TX-14-41301

MEMORANDUM OPINION

Before Chief Justice Wright, Justice Bridges, and Justice Lang
Opinion by Justice Lang

This is an appeal from a judgment for delinquent taxes and foreclosure of a tax lien. See TEX. TAX CODE ANN. § 33.41(West 2015). Appearing pro se, Michael A. Hughes filed a brief that fails to comply with the rules of appellate procedure. See TEX. R. APP. P. 38.1. Significantly, it does not contain (1) a statement of the facts supported by record reference; (2) an accurate statement of the arguments made in the body of the brief; or (3) argument for the contentions made with appropriate citations to authorities and to the record. See id. 38.1(g), (h), (i). Although directed more than eight months ago to file an amended brief in compliance with the rules and cautioned that failure to comply could result in dismissal of the appeal, Hughes has not filed an amended brief. Without adequate briefing, nothing is presented for review. See Birnbaum v. Law Offices of G. David Westfall, P.C., 120 S.W.3d 470, 477 (Tex. App.—Dallas 2003, pet. denied). Accordingly, we dismiss this appeal. See TEX. R. APP. P. 38.8(a)(1), 38.9(a), 42.3(b),(c); Bolling v. Farmers Branch Indep. Sch. Dist., 315 S.W.3d 893, 896-97 (Tex. App.—Dallas 2010, no pet.).

Hughes filed the brief on his and his wife's behalves, though his wife did not file a notice of appeal.

On the same day he was directed to file an amended brief, Hughes filed a motion for extension of time to file a corrected brief. However, the motion was miscalendared as the amended brief and never determined. Despite the lack of a ruling, Hughes did not follow-up on the motion or try to file a corrected brief, even after being notified of the date the appeal would be submitted for determination. --------

/Douglas S. Lang/

DOUGLAS S. LANG

JUSTICE 150854F.P05

JUDGMENT

On Appeal from the 95th Judicial District Court, Dallas County, Texas
Trial Court Cause No. TX-14-41301.
Opinion delivered by Justice Lang. Chief Justice Wright and Justice Bridges participating.

In accordance with this Court's opinion of this date, we DISMISS the appeal.

We ORDER appellees Dallas County, City of Dallas, Dallas Independent School District, Dallas County Community College District, Dallas County School Equalization Fund, and Parkland Hospital District recover their costs of this appeal from appellant Michael A. Hughes. Judgment entered this 7th day of July, 2016.


Summaries of

Hughes v. Dall. Cnty.

Court of Appeals Fifth District of Texas at Dallas
Jul 7, 2016
No. 05-15-00854-CV (Tex. App. Jul. 7, 2016)
Case details for

Hughes v. Dall. Cnty.

Case Details

Full title:MICHAEL A. HUGHES, Appellant v. DALLAS COUNTY, CITY OF DALLAS, DALLAS…

Court:Court of Appeals Fifth District of Texas at Dallas

Date published: Jul 7, 2016

Citations

No. 05-15-00854-CV (Tex. App. Jul. 7, 2016)