Billy Betts v. County of Freestone ( 2011 )

IN THE
TENTH COURT OF APPEALS
No. 10-09-00220-CV
BILLY BETTS,
Appellant
v.
COUNTY OF FREESTONE,
Appellee
From the 87th District Court
Freestone County, Texas
Trial Court No. 07-181B
MEMORANDUM OPINION
Freestone County filed suit for delinquent property taxes and sought foreclosure
on the tax lien against the property. Betts family members who may have had an
interest in the property were cited and/or served, and an attorney ad litem was
appointed for those who did not answer or appear. After a trial, judgment for the
taxing authorities was entered against only the property interest of five Betts family
members, including Appellant Billy Betts.
Billy, who is pro se, filed a notice of appeal, and this appeal is decided on the
clerk’s record alone because a reporter’s record was not requested. Billy filed what
appears to be a one-page letter that complains that he was told not to appear for trial.
The Court notified Billy that it was unable to determine if the letter was to serve as his
brief and that if he did not notify the Court otherwise within fourteen days, the Court
would treat the letter as his brief. Billy did not timely respond.
About six weeks later, Billy sent a letter stating, “I am sorry about the brief but I
would like an extension.” The Court notified Billy that it did not understand the
purpose of his letter and that if he was seeking relief from the Court on a matter relating
to this case, he must file a document clearly stating its purpose and the nature of the
relief sought within fourteen days, or his request would be denied. Billy did not
respond. Accordingly, we will treat Billy’s first letter as his brief.
Initially, we must note that a pro se litigant is held to the same
standards as licensed attorneys and must comply with applicable laws
and rules of procedure. Clemens v. Allen, 47 S.W.3d 26, 28 (Tex. App.—
Amarillo 2000, no pet.) (citing Mansfield State Bank v. Cohn, 573 S.W.2d 181,
184-85 (Tex. 1978)). On appeal, as at trial, the pro se appellant must
properly present its case. Id.; Plummer v. Reeves, 93 S.W.3d 930, 931 (Tex.
App.—Amarillo 2003, pet. denied); Karen Corp. v. Burlington Northern, 107
S.W.3d 118, 125 (Tex. App.—Fort Worth 2003, pet. denied).
The rules of appellate procedure require appellant’s brief to contain
“a clear and concise argument for the contentions made, with appropriate
citations to authorities and to the record.” TEX. R. APP. P. 38.1(h). An issue
on appeal unsupported by argument or citation to any legal authority
presents nothing for the court to review. Birnbaum v. Law Offices of G.
David Westfall, 120 S.W.3d 470, 477 (Tex. App.—Dallas 2003, pet. filed);
Plummer, 93 S.W.3d at 931. Similarly, we cannot speculate as to the
substance of the specific issues appellant claims we must address. See
Plummer, 93 S.W.3d at 931. An appellate court has no duty to perform an
independent review of the record and applicable law to determine
whether the error complained of occurred. Karen Corp., 107 S.W.3d at 125;
Harkins v. Dever Nursing Home, 999 S.W.2d 571, 573 (Tex. App.—Houston
Betts v. County of Freestone Page 2
[14th Dist.] 1999, no pet.).
Strange v. Continental Cas. Co., 126 S.W.3d 676, 677-78 (Tex. App.—Dallas 2004, pet.
denied).
The Texas Rules of Appellate Procedure require an appellant’s brief
to concisely state all issues or points presented for review. TEX. R. APP. P.
38.1(f). An issue presented in an appellant’s brief is sufficient if it directs
the attention of the appellate court to the error about which the complaint
is made. See Maddox, 135 S.W.3d at 163-64. Appellant’s brief must also
contain a clear and concise argument containing appropriate citations to
authority and to the record. See TEX. R. APP. P. 38.1(h). This requirement
is not satisfied by conclusory statements, unsupported by legal citations.
Sweed, 195 S.W.3d at 786. Failure to cite legal authority or provide
substantive analysis of an issue waives the complaint. See Leyva v. Leyva,
960 S.W.2d 732, 734 (Tex. App.—El Paso 1997, no writ).
Taylor v. Meador, 326 S.W.3d 682, 684 (Tex. App.—El Paso 2010, no pet.).
Billy’s letter brief is woefully deficient in every aspect discussed above. It
provides no issues, no argument, no authorities, and makes no citation to the record.
See Strange, 126 S.W.3d at 678. Furthermore, without a reporter’s record of the trial, we
cannot evaluate Billy’s letter brief. Adequate briefing and a complete record relevant to
the issues are minimally required for us to review the proceedings below. Id. Nothing
is presented for our review. See id. Accordingly, we affirm the trial court’s judgment.
REX D. DAVIS
Justice
Before Chief Justice Gray,
Justice Davis, and
Justice Scoggins
Affirmed
Opinion delivered and filed June 22, 2011
[CV06]
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