Joseph Dale Robertson v. Lloyd L. Walton

• Court: Court of Appeals of Texas
• Decided: December 12, 2007
• Docket: 04-07-00107-CV
• Status: Published

Opinion

MEMORANDUM OPINION

No. 04-07-00107-CV

Joseph Dale ROBERTSON, Appellant

v.

Lloyd L. WALTON, Appellee

From the 216th Judicial District Court, Kendall County, Texas Trial Court No. B-99-190 Honorable Stephen B. Ables, Judge Presiding

Opinion by: Sandee Bryan Marion, Justice

Sitting: Catherine Stone, Justice

Sandee Bryan Marion, Justice

Phylis J. Speedlin, Justice

Delivered and Filed: December 12, 2007

AFFIRMED

Appellant Joseph Dale Robertson appeals from a Final Judgment dated October 31, 2006 in favor of appellee Lloyd Walton. In its Final Judgment, as part of the relief awarded to appellee, the trial court precluded appellant from "the filing of lawsuits pro se against" appellee and others. Appellant timely filed his notice of appeal. When appellant did not timely file his appellate brief, this court ordered appellant to do so. In response, appellant filed a letter with this court in which he asserted that filing a brief would place him in contempt of the trial court's order that he take "no action" in district court or in the court of appeals. Although the Final Judgment here contains no such prohibition, appellant asserts the court's injunction acts as an attainder, extinguishing his civil rights. We disagree. The Final Judgment precludes the appellant from filing pro se lawsuits against appellee and others. The judgment did not preclude appellant from filing his notice of appeal and does not preclude him from adequately briefing his complaints on appeal. Because appellant has failed to adequately brief any complaint arising from the trial court's judgment, even after this court ordered him to do so, we must affirm.