Carlton E. Bush v. Laura Jane Bush

• Court: Court of Appeals of Texas
• Decided: April 16, 2020
• Docket: 05-19-01526-CV
• Status: Published

Opinion

DISMISSED and Opinion Filed April 16, 2020

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-19-01526-CV

CARLTON E. BUSH, Appellant V. LAURA JANE BUSH, Appellee

On Appeal from the 255th Judicial District Court Dallas County, Texas Trial Court Cause No. DF-19-09270

MEMORANDUM OPINION Before Chief Justice Burns, Justice Whitehill, and Justice Nowell Opinion by Chief Justice Burns Pro se appellant Carlton E. Bush appeals the trial court’s final decree of

divorce. When appellant filed his brief on February 14, 2020, we determined it was

deficient. By letter dated February 25, 2020, we notified appellant that his brief

failed to comply with the requirements of Texas Rule of Appellate Procedure 38.1.

See TEX. R. APP. P. 38.1. We provided appellant an opportunity to file an amended

brief that complied with rule 38.1’s requirements within ten days and cautioned him

that failure to comply might result in dismissal of the appeal without further notice.

See id. 38.8(a)(1); 42.3(b), (c). Appellant did not file an amended brief. Although civil litigants may represent themselves at trial and on appeal, pro

se litigants must adhere to our rules of evidence and procedure, including the

appellate rules of procedure. Bolling v. Farmers Branch Indep. Sch. Dist., 315

S.W.3d 893, 895 (Tex. App.—Dallas 2010, no pet.). Our appellate rules have

specific requirements for briefing. See TEX. R. APP. P. 38. Among other

requirements, the rules require appellants to state concisely their complaints; provide

understandable, succinct, and clear argument showing why their complaints are

meritorious in fact and in law; cite and apply applicable law; and provide appropriate

references to the record. See id. 38.1(f–i); Bolling, 315 S.W.3d at 895. If an appellant

fails to provide adequate briefing, we may dismiss the appeal. TEX. R. APP. P. 42.3;

Bolling, 315 S.W.3d at 895–96.

Appellant failed to file a brief that complies with our rules, despite having

been notified of his brief’s deficiencies and having been given an opportunity to

amend. Appellant’s brief simply identifies the legal issues presented, but does not

provide a concise statement of facts supported by record references or argument with

appropriate citations to the record and legal authorities. See TEX. R. APP. P. 38.1(g),

(i). Without adequate briefing, appellant is not entitled to judicial review. See id.;

–2– Accordingly, we dismiss this appeal. TEX. R. APP. P. 42.3(c); Bolling, 315

S.W.3d at 895–96.

/Robert D.Burns, III/ ROBERT D. BURNS, III CHIEF JUSTICE

191526F.P05

–3– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT

CARLTON E. BUSH, Appellant On Appeal from the 255th Judicial District Court, Dallas County, Texas No. 05-19-01526-CV V. Trial Court Cause No. DF-19-09270. Opinion delivered by Chief Justice LAURA JANE BUSH, Appellee Burns. Justices Whitehill and Nowell participating.

In accordance with this Court’s opinion of this date, the appeal is DISMISSED.

It is ORDERED that appellee LAURA JANE BUSH recover her costs, if any, of this appeal from appellant CARLTON E. BUSH.

Judgment entered April 16, 2020

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