Opinion
No. 05-15-01175-CV
04-10-2017
IN THE INTEREST OF A.N.S. AND E.N.J., MINOR CHILDREN
On Appeal from the 439th Judicial District Court Rockwall County, Texas
Trial Court Cause No. 1-15-163
MEMORANDUM OPINION
Before Justices Evans, Stoddart, and Boatright
Opinion by Justice Boatright
Ebony Jackson appeals the trial court's final order appointing a managing conservator of her minor children. Jackson appears to claim that the order was based on hearsay. She also challenges the sufficiency of the evidence supporting the order. We affirm.
Jackson filed her pro se appellate brief on June 2, 2016. This Court notified Jackson on June 9, 2016, that her brief failed to comply with Texas Rules of Appellate Procedure 38.1(a), (b), (c), (d), (f), (g), (h), (i), (j), and (k); 9.4(d), (e), and (i)(3); and 9.5(e)(2) and (e)(3). We also informed her that failure to file an amended brief in compliance with the rules within 10 days may result in dismissal of her appeal. She did not file an amended brief.
An appellant's brief must contain a statement of the case, which should be supported by references to the record. TEX. R. APP. P. 38.1(d). The brief also has to contain a statement of pertinent facts, which must be supported by record references. Id. R. 38.1(g). And the brief must have a "clear and concise argument for the contentions made, with appropriate citations to authorities and to the record." Id. R. 38.1(i).
Appellate courts have to construe rules reasonably, yet liberally, so the right to appeal is not lost by imposing requirements not absolutely necessary to effect the purpose of a rule. Republic Underwriters Ins. Co. v. Mex-Tex, Inc., 150 S.W.3d 423, 427 (Tex. 2004). A pro se appellant must properly present her case. Strange v. Continental Cas. Co., 126 S.W.3d 676, 678 (Tex. App.—Dallas 2004, pet. denied). In the absence of appropriate record citations or a substantive analysis, error may be waived. Fredonia State Bank v. Gen. Am. Life Ins. Co., 881 S.W.2d 279, 284-85 (Tex. 1994).
Jackson's brief does not describe the testimony or other evidence that she appears to claim is hearsay. Nor does she attempt to cite the record, make an argument, or provide supporting legal authority to explain how hearsay might have affected the outcome of the trial. Similarly, she does not try to present any record reference or legal authority to support her contention that the evidence is insufficient. We may not speculate as to the substance of the issues asserted by appellant and may not make her argument for her. Strange, 126 S.W.3d at 678. Jackson had to present her assertions of error in compliance with appellate rules. TEX. R. APP. P. 38.1. Because Jackson failed to properly brief any issue, the issues she purports to raise have not been preserved for our review. Strange, 126 S.W.3d at 678.
We affirm the trial court's judgment.
/Jason Boatright/
JASON BOATRIGHT
JUSTICE 151175F.P05
JUDGMENT
On Appeal from the 439th Judicial District Court, Rockwall County, Texas
Trial Court Cause No. 1-15-163.
Opinion delivered by Justice Boatright. Justices Evans and Stoddart participating.
In accordance with this Court's opinion of this date, the judgment of the trial court is AFFIRMED.
It is ORDERED that each party bear its own costs of this appeal. Judgment entered this 10th day of April, 2017.