Mary Helen Williams-White v. Henry M. White
05-13-00414-CV
| Tex. App. | Mar 16, 2015Background
- Henry M. White hired Mary Helen Williams-White as a part-time caregiver; later they married and Williams-White withdrew large sums from White’s account.
- White told his children he married Williams-White because she threatened to stop caring for him; his daughter Elaine Fleming was appointed guardian of White’s person and estate.
- Fleming fired Williams-White and filed a petition to annul the marriage alleging Williams-White induced the marriage by fraud and that White lacked mental capacity to consent due to mental disease or defect. The petition alleged Williams-White knew of White’s incapacity from her caregiver role.
- Parties waived a jury; after multi-day hearings the trial court entered a decree annulling the marriage. White subsequently died.
- Williams-White (pro se) appealed. The appellate court found her briefs failed to comply with Texas Rule of Appellate Procedure 38.1 (no issues statement, no factual statement with record cites, no legal argument or authorities) despite notice and an opportunity to amend.
- Because the appellant failed to cure the briefing deficiencies, the Court of Appeals dismissed the appeal and taxed appellate costs against her.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the appeal should proceed despite appellant’s noncompliant brief under Tex. R. App. P. 38.1 | Williams-White did not present coherent issues or citations in her brief (pro se) | Fleming argued appellate briefing rules must be followed and the deficiencies warranted dismissal | Court held the brief was fatally deficient after notice and amendment attempts and dismissed the appeal |
Key Cases Cited
- Bolling v. Farmers Branch Indep. Sch. Dist., 315 S.W.3d 893 (Tex. App.—Dallas 2010, no pet.) (pro se appellants must follow appellate rules; courts will not give special treatment)
- Mansfield State Bank v. Cohn, 573 S.W.2d 181 (Tex. 1978) (parties representing themselves must adhere to rules and are not entitled to special treatment)
- Fredonia State Bank v. Gen. Am. Life Ins. Co., 881 S.W.2d 279 (Tex. 1994) (appellate court is not obligated to search the record for error when briefing is deficient)