Herbert Harris and Merenthia Harris v. SRP TRS Sub, LLC Appeal from County Court at Law No. 5 of Dallas County (memorandum opinion)
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Dismissed and Opinion Filed May 3, 2018 S In The Court of Appeals Fifth District of Texas at Dallas No. 05-17-00891-CV HERBERT HARRIS AND MERENTHIA HARRIS, Appellants V. SRP TRS SUB, LLC, Appellee On Appeal from the County Court at Law No. 5 Dallas County, Texas Trial Court Cause No. CC-17-03732-E MEMORANDUM OPINION Before Chief Justice Wright, Justice Evans, and Justice Brown Opinion by Chief Justice Wright Pro se appellants Herbert and Merenthia Harris appeal from the trial court’s judgment in favor of appellee after a bench trial in a real property dispute. On January 8, 2018, appellants tendered a brief. In an order dated January 19, 2018, we ordered the brief filed but notified appellants the brief failed to comply with the requirements of Texas Rule of Appellate Procedure 38.1. See TEX. R. APP. P. 38.1. Specifically, the brief was deficient in that, among other things, it did not contain a clear and concise argument for the contentions made with appropriate citations to the record and authorities and the sections titled “statement of the case” and “statement of facts” did not include citations to the record. See id. 38.1(d), (g), (i). We ordered appellants to file an amended brief that complied with the requirements of appellate rule 38.1 no later than February 1st and cautioned appellants that failure to comply may result in the appeal being dismissed without further notice. See id. 38.8(a)(1); 42.3(b),(c). Appellants tendered a new brief on February 12th. Like the initial brief, this brief also was deficient. On March 22nd, appellants filed a motion for an extension of time to file an amended brief. We granted the motion, extending the time to April 30th. We again cautioned appellants that failure to file an amended brief that complies with rule 38.1 of the rules of appellate procedure may result in dismissal of the appeal without further notice. Appellants filed an amended brief on April 27th. Although individuals have the right to represent themselves as pro se litigants in civil cases, they are required to follow the same rules of appellate procedure that licensed attorneys are required to follow. See Bolling v. Farmers Branch Indep. Sch. Dist., 315 S.W.3d 893, 895 (Tex. App.—Dallas 2010, no pet.). Appellate court judges are not responsible for “identifying possible trial court error” or favorable facts or law to support parties' contentions. Id. Importantly, under rule 38.1(f), the court “must be able to discern what question[s] of law [it] will be answering.” Id. at 896. A brief fails if it does not articulate the issues to be answered by the court. Id. If a brief articulates the issues to be decided by the court, “then rule 38.1(i) calls for the brief to guide [the court] through the appellant’s argument with clear and understandable statements of the contentions being made.” Id. Under Rule 38.1(i), appellant’s argument must make direct references to facts in the record and applicable legal authority. Id. A brief fails under rule 38.1(i) if the court must speculate or guess if references to facts or legal authority “are not made or are inaccurate, misstated, or misleading.” Id. In their amended brief, appellants raise three issues. The brief does not contain any argument in support of the issues. Moreover, the brief does not contain any citations to either the clerk’s record or the reporter’s record. Because appellants have not provided the Court with –2– existing legal authority that can be applied to the facts of the case, the brief fails. See Bolling, 315 S.W.3d at 896. Because appellants have failed to comply with the briefing requirements of our appellate rules after having been given the opportunity to do so, we dismiss the appeal. See Tex. R. App. P 42.3(c). /Carolyn Wright/ CAROLYN WRIGHT CHIEF JUSTICE 170891F.P05 –3– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT HERBERT HARRIS AND MERENTHIA HARRIS, Appellants No. 05-17-00891-CV On Appeal from the County Court at Law No. 5, Dallas County, Texas Trial Court Cause No. CC-17-03732-E. Opinion delivered by Chief Justice Wright. Justices Evans and Brown participating. V. SRP TRS SUB, LLC, Appellee In accordance with this Court’s opinion of this date, the appeal is DISMISSED. Judgment entered May 3, 2018. –4–
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