Carol Roundtree and Kelley Palmer, Individually and as Next of Friends of Amanda, Palmer, Benjamin Palmer and Brain Palmer, Minors v. Steve Otto D/B/A KNS Construction Services KNS Construction SVS and Allstate Texas Lloyds Co.

Court of Appeals of Texas

Carol Roundtree and Kelley Palmer, Individually and as Next of Friends of Amanda, Palmer, Benjamin Palmer and Brain Palmer, Minors v. Steve Otto D/B/A KNS Construction Services KNS Construction SVS and Allstate Texas Lloyds Co.

DecidedAugust 1, 2006

Docket14-05-00069-CV

StatusPublished

This text of Carol Roundtree and Kelley Palmer, Individually and as Next of Friends of Amanda, Palmer, Benjamin Palmer and Brain Palmer, Minors v. Steve Otto D/B/A KNS Construction Services KNS Construction SVS and Allstate Texas Lloyds Co. (Carol Roundtree and Kelley Palmer, Individually and as Next of Friends of Amanda, Palmer, Benjamin Palmer and Brain Palmer, Minors v. Steve Otto D/B/A KNS Construction Services KNS Construction SVS and Allstate Texas Lloyds Co.) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Carol Roundtree and Kelley Palmer, Individually and as Next of Friends of Amanda, Palmer, Benjamin Palmer and Brain Palmer, Minors v. Steve Otto D/B/A KNS Construction Services KNS Construction SVS and Allstate Texas Lloyds Co., (Tex. Ct. App. 2006).

Pincite

Opinion

Affirmed and Memorandum Opinion filed August 1, 2006

Affirmed and Memorandum Opinion filed August 1, 2006.

In The

Fourteenth Court of Appeals

____________

NO. 14-05-00069-CV

CAROL ROUNDTREE AND KELLEY PALMER, INDIVIDUALLY AND AS NEXT FRIENDS OF AMANDA PALMER, BENJAMIN PALMER, AND BRIAN PALMER, MINORS, Appellants

V.

STEVE OTTO D/B/A KNS CONSTRUCTION SERVICES, KNS CONSTRUCTION SERVICES AND ALLSTATE TEXAS LLOYDS CO., Appellees

On Appeal from the 133rd District Court

Harris County, Texas

Trial Court Cause No. 2003-33553

M E M O R A N D U M O P I N I O N

Appellants, Carol Roundtree and Kelley Palmer, individually and as next friends of Amanda Palmer, Benjamin Palmer, and Brian Palmer, minors, appeal the trial court=s grant of summary judgment in favor of appellees, Steve Otto d/b/a KNS Construction Services, KNS Construction Services, and Allstate. Appellants filed their appeal with this court on January 22, 2005. Appellants= counsel failed to timely file his brief on April 1, 2005. By order of this court, we allowed appellants to file their brief late; their brief was filed on May 12, 2005. On April 4, 2006, almost a year later, the case was submitted, but because appellants= brief failed to comply with Tex. R. App. P. 38.1(h) due to inadequate citations to the record and authorities, on April 6, 2006, we ordered appellants to re-brief within thirty days. Appellants have not filed a new brief with this court.^{^[1]} We deem each of appellants= issues waived and affirm the trial court=s judgment.

Appellants= brief fails to adequately cite to the record as it contains only one citation to their Response to Motion for Summary Judgment. That response, including attachments, is 157 pages in length.^{^[2]} This single citation does not comply with the appellate rule of procedure mandating appropriate citations to the record.

Appellants also failed to adequately cite authority. Appellants provided citation to authority regarding the standards of review for motions for summary judgment. However, appellants provided no citation regarding the elements of the various causes of action they alleged, much less attempted to adequately apply any case law in their brief.

This appeal concerns the alleged improper grant of summary judgment. Appellees filed a traditional and no-evidence motion for summary judgment. For this court to adequately determine whether competent evidence was presented to defeat that motion we must examine the competent summary judgment evidence. Yet appellants failed to cite to any particular competent summary judgment evidence. Additionally, a no-evidence motion for summary judgment requires that a party state what elements of a particular cause of action lack evidence. Tex. R. Civ. P. 166a(i). We then must determine whether those elements lack any evidence. However, without adequate citation to any authority for what elements comprise the various causes of action, appellants have failed to provide adequate authority to support their arguments. We are unable to evaluate any of appellants= claims with the briefing they have provided this court.

Having failed to comply with the rules of appellate procedure and this court=s order to re-brief, all of their arguments are waived. We affirm the judgment of the trial court.

/s/ Wanda McKee Fowler

Justice

Judgment rendered and Memorandum Opinion filed August 1, 2006.

Panel consists of Justices Hudson, Fowler, and Seymore.

^{^[1]} Appellants did not even attempt to examine the record until the day the new brief was due, which we allowed them to do.

^{^[2]} Additionally, the response itself contains scant references to the attached evidence. Finally, appellants= only citation to that response is in a single footnote at the beginning of the Statement of Facts and states only ASee Plaintiffs= Response to Motion for Summary Judgment. R, pg. 230.@

Free access — add to your briefcase to read the full text and ask questions with AI

Affirmed and Memorandum Opinion filed August 1, 2006

Affirmed and Memorandum Opinion filed August 1, 2006.

In The

Fourteenth Court of Appeals

____________

NO. 14-05-00069-CV

CAROL ROUNDTREE AND KELLEY PALMER, INDIVIDUALLY AND AS NEXT FRIENDS OF AMANDA PALMER, BENJAMIN PALMER, AND BRIAN PALMER, MINORS, Appellants

V.

STEVE OTTO D/B/A KNS CONSTRUCTION SERVICES, KNS CONSTRUCTION SERVICES AND ALLSTATE TEXAS LLOYDS CO., Appellees

On Appeal from the 133rd District Court

Harris County, Texas

Trial Court Cause No. 2003-33553

M E M O R A N D U M O P I N I O N

Appellants, Carol Roundtree and Kelley Palmer, individually and as next friends of Amanda Palmer, Benjamin Palmer, and Brian Palmer, minors, appeal the trial court=s grant of summary judgment in favor of appellees, Steve Otto d/b/a KNS Construction Services, KNS Construction Services, and Allstate. Appellants filed their appeal with this court on January 22, 2005. Appellants= counsel failed to timely file his brief on April 1, 2005. By order of this court, we allowed appellants to file their brief late; their brief was filed on May 12, 2005. On April 4, 2006, almost a year later, the case was submitted, but because appellants= brief failed to comply with Tex. R. App. P. 38.1(h) due to inadequate citations to the record and authorities, on April 6, 2006, we ordered appellants to re-brief within thirty days. Appellants have not filed a new brief with this court.^{^[1]} We deem each of appellants= issues waived and affirm the trial court=s judgment.

Appellants= brief fails to adequately cite to the record as it contains only one citation to their Response to Motion for Summary Judgment. That response, including attachments, is 157 pages in length.^{^[2]} This single citation does not comply with the appellate rule of procedure mandating appropriate citations to the record.

Appellants also failed to adequately cite authority. Appellants provided citation to authority regarding the standards of review for motions for summary judgment. However, appellants provided no citation regarding the elements of the various causes of action they alleged, much less attempted to adequately apply any case law in their brief.

This appeal concerns the alleged improper grant of summary judgment. Appellees filed a traditional and no-evidence motion for summary judgment. For this court to adequately determine whether competent evidence was presented to defeat that motion we must examine the competent summary judgment evidence. Yet appellants failed to cite to any particular competent summary judgment evidence. Additionally, a no-evidence motion for summary judgment requires that a party state what elements of a particular cause of action lack evidence. Tex. R. Civ. P. 166a(i). We then must determine whether those elements lack any evidence. However, without adequate citation to any authority for what elements comprise the various causes of action, appellants have failed to provide adequate authority to support their arguments. We are unable to evaluate any of appellants= claims with the briefing they have provided this court.

Having failed to comply with the rules of appellate procedure and this court=s order to re-brief, all of their arguments are waived. We affirm the judgment of the trial court.

/s/ Wanda McKee Fowler

Justice

Judgment rendered and Memorandum Opinion filed August 1, 2006.

Panel consists of Justices Hudson, Fowler, and Seymore.

^{^[1]} Appellants did not even attempt to examine the record until the day the new brief was due, which we allowed them to do.

^{^[2]} Additionally, the response itself contains scant references to the attached evidence. Finally, appellants= only citation to that response is in a single footnote at the beginning of the Statement of Facts and states only ASee Plaintiffs= Response to Motion for Summary Judgment. R, pg. 230.@

Cite This Page — Counsel Stack

Bluebook (online)

Carol Roundtree and Kelley Palmer, Individually and as Next of Friends of Amanda, Palmer, Benjamin Palmer and Brain Palmer, Minors v. Steve Otto D/B/A KNS Construction Services KNS Construction SVS and Allstate Texas Lloyds Co., Counsel Stack Legal Research, https://law.counselstack.com/opinion/carol-roundtree-and-kelley-palmer-individually-and-as-next-of-friends-of-texapp-2006.