Diane Whitley Lee v. Mary Beth Brooks Abbott
05-18-01185-CV
Tex. App.May 3, 2019Background
- Appellant Diane Whitley Lee, proceeding pro se, appealed a default judgment entered in County Court at Law No. 5, Dallas County (Cause No. CC-18-01198-E).
- Lee filed an appellate brief that the Court found deficient under Texas Rule of Appellate Procedure 38.1 for numerous omissions (parties list, table of contents, index of authorities, statement of the case, issues presented, statement of facts with citations, argument citations, appendix with judgment, certificates, and more).
- The Court notified Lee of the deficiencies by letter and gave her an opportunity (ten days, later extended to February 26, 2019, then ordered by March 18, 2019) to file an amended compliant brief and warned that failure to comply could result in dismissal.
- Lee did not file an amended brief after multiple warnings and extensions.
- The Court emphasized that pro se status does not excuse compliance with appellate rules and that the court will not perform legal research or speculate about issues for an appellant.
- As a result, the Court dismissed the appeal and awarded appellee Mary Beth Brooks Abbott her appellate costs, if any.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the appeal should be dismissed for failure to file a brief complying with Tex. R. App. P. 38.1 | Lee failed to cure the brief’s extensive deficiencies after notice and extensions (implicitly: did not contest dismissal) | Abbott (by position) that dismissal is proper because appellant did not comply with briefing rules despite notice and opportunity | Court dismissed the appeal for noncompliance with the appellate briefing rules |
Key Cases Cited
- Bolling v. Farmers Branch Indep. Sch. Dist., 315 S.W.3d 893 (Tex. App.—Dallas 2010) (pro se litigants must comply with appellate procedure rules; courts will not advocate for incomplete briefs)
- Mansfield State Bank v. Cohn, 573 S.W.2d 181 (Tex. 1978) (pro se parties are not entitled to lenient treatment that departs from rules)
- Fredonia State Bank v. General American Life Insurance Co., 881 S.W.2d 279 (Tex. 1994) (courts are not required to search the record or do legal research for an appellant)