Opinion
No. 05-11-01048-CV
04-18-2012
ROSSER B. MELTON, JR., TRUSTEE OF NEW TRUST FOR FRANCES C. MELTON, Appellant v. LEGACYTEXAS BANK, Appellee
AFFIRM and Opinion Filed April 18, 2012
On Appeal from the 296 Judicial District Court
Judicial District Court of Collin County, Texas. (Tr.Ct.No. 296- 00960-2011).
Collin County, Texas
Trial Court Cause No. 296-00960-2011
MEMORANDUM OPINION
Before Justices O'Neill, Richter, and Francis
Opinion By Justice Francis
Rosser B. Melton, Jr., trustee of New Trust for Frances C. Melton, appeals the trial court's take-nothing summary judgment on his wrongful dishonor claim. His sole issue asks “whether a payor bank can be sued by the payee of a check when the bank refuses payment and gives no reason for refusal.” We affirm.
As he did below, Melton represents himself on appeal. In his second amended petition, he asserted a claim for “Common Law Wrongful Dishonor,” alleging he was “tortiously denied his right to obtain payment” for several checks he presented to LegacyTexas Bank. Melton asserted he attempted to cash three checks amounting to $5400, made payable to New Trust for Frances C. Melton, and drawn on LegacyTexas Bank, but the Bank told him “he would need to take the checks up with their maker, and gave no further information.” Neither Melton nor the Trust was a bank customer.
Both Melton and the Bank moved for summary judgment. The trial court denied Melton's motion, granted the Bank's motion, and rendered a take-nothing judgment on Melton's claims. After Melton filed his original brief, this Court notified him by letter that his brief was deficient for (1) failing to provide record references in the statement of facts and (2) failing to provide record citations in the argument section. Melton filed an amended brief to correct the first deficiency. He did not, however, correct the second deficiency. Instead, he wrote the Court a letter stating that there would be no record citations because the judgment resulted from a summary judgment proceeding. Further, he explained that the Court would need “to look at the petitions and affidavits and try to decide whether there's really no way it could ever qualify for a trial by jury.”
An appellate court cannot discharge its responsibility to review and dispose of an appeal on the merits without proper briefing. See Bolling v. Farmers Branch Indep. Sch. Dist., 315 S.W.3d 893, 895 (Tex. App.-Dallas 2010, no pet.). Texas Rule of Appellate Procedure 38.1(i) requires an appellant to provide appropriate citations to the record in his argument. Tex. R. App. P. 38.1(i). This Court is not responsible for searching the record for facts that may be favorable to a party's position, and we are not responsible for performing the legal research that might support a party's contention. Bolling, 315 S.W.3d at 895. When a party fails to brief a complaint adequately, he waives the issue on appeal. Devine v. Dallas Cnty., 130 S.W.3d 512, 513-14 (Tex. App.-Dallas 2004, no pet.).
Here, appellant's amended brief identifies the “fundamental issue” in this case as “whether, and to what extent, a bank can be sued for not cashing a check when it gave no reasons for the refusal.” Although Melton is challenging the trial court's take-nothing summary judgment, his brief does not reference the summary judgment pleadings nor does he direct this Court to any evidence to support the underlying factual contentions that he relies upon as a basis for his legal argument. He cites instead to his second amended petition. Given these circumstances, we conclude Melton's issue is inadequately briefed and he has therefore waived his issue.
We affirm the trial court's judgment.
MOLLY FRANCIS
JUSTICE
111048F.P05
Court of Appeals Fifth District of Texas at Dallas JUDGMENT
ROSSER B. MELTON, JR., TRUSTEE OF NEW TRUST FOR FRANCES C. MELTON, Appellant
V.
LEGACYTEXAS BANK, Appellee
No. 05-11-01048-CV
Appeal from the 296
Opinion delivered by Justice Francis, Justices O'Neill and Richter participating.
In accordance with this Court's opinion of this date, the judgment of the trial court is AFFIRMED. It is ORDERED that appellee LEGACYTEXAS BANK recover its costs of this appeal from appellant ROSSER B. MELTON, JR., TRUSTEE OF NEW TRUST FOR FRANCES C. MELTON.
Judgment entered April 18, 2012.
MOLLY FRANCIS
JUSTICE