Michael A. Hughes v. Dallas County, Dallas County Community College District, Dallas County School Equalization Fund, Dallas Independent School District, and Parkland Hospital District ( 2016 )


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  • Dismiss and Opinion Filed July 7 , 2016.
    In The
    Court of Appeals
    Fifth District of Texas at Dallas
    No. 05-15-00854-CV
    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.1                                             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),
    1
    Hughes filed the brief on his and his wife’s behalves, though his wife did not file a notice of appeal.
    (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.2 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.).
    /Douglas S. Lang/
    DOUGLAS S. LANG
    JUSTICE
    150854F.P05
    2
    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.
    –2–
    Court of Appeals
    Fifth District of Texas at Dallas
    JUDGMENT
    MICHAEL A. HUGHES, Appellant                         On Appeal from the 95th Judicial District
    Court, Dallas County, Texas
    No. 05-15-00854-CV         V.                        Trial Court Cause No. TX-14-41301.
    Opinion delivered by Justice Lang. Chief
    DALLAS COUNTY, CITY OF DALLAS,                       Justice Wright and Justice Bridges
    DALLAS INDEPENDENT SCHOOL                            participating.
    DISTRICT, DALLAS COUNTY
    COMMUNITY COLLEGE DISTRICT,
    DALLAS COUNTY SCHOOL
    EQUALIZATION FUND, DALLAS
    INDEPENDENT SCHOOL DISTRICT,
    AND PARKLAND HOSPITAL DISTRICT,
    Appellees
    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.
    –3–
    

Document Info

Docket Number: 05-15-00854-CV

Filed Date: 7/7/2016

Precedential Status: Precedential

Modified Date: 7/13/2016