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Samuel Kadyebo v. Centennial Court
07-24-00036-CV
| Tex. App. | Aug 28, 2024
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Background

  • Samuel Kadyebo, acting pro se, filed a negligence suit against Centennial Court.
  • The trial court granted Centennial Court’s motions for both traditional and no-evidence summary judgment.
  • Kadyebo appealed the dismissal of his claims.
  • On appeal, Kadyebo submitted a pro se brief that was liberally construed by the appellate court.
  • The appellate court found Kadyebo’s briefing to be disjointed, lacking legal citations, record references, and meaningful analysis.
  • The court ultimately determined that Kadyebo waived review by failing to comply with briefing requirements.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether summary judgment for Centennial Court was proper Kadyebo alleged negligence and unconscionable practices by Centennial Court Centennial Court moved for summary judgment, arguing Kadyebo failed to present evidence or legal basis Summary judgment affirmed for failure to adequately brief or support claims

Key Cases Cited

  • Giddens v. Brooks, 92 S.W.3d 878 (Tex. App.—Beaumont 2002) (liberally construing pro se pleadings and briefs)
  • Sterner v. Marathon Oil Co., 767 S.W.2d 686 (Tex. 1989) (liberal construction of points of error to ensure just adjudication)
  • Mansfield State Bank v. Cohn, 573 S.W.2d 181 (Tex. 1978) (pro se appellants held to same standards as represented parties)
  • ERI Consulting Eng’rs, Inc. v. Swinnea, 318 S.W.3d 867 (Tex. 2010) (issues may be waived for lack of argument, analysis, or citation)
  • Fredonia State Bank v. Gen. Am. Life. Ins. Co., 881 S.W.2d 279 (Tex. 1994) (points waived for inadequate briefing)
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Case Details

Case Name: Samuel Kadyebo v. Centennial Court
Court Name: Court of Appeals of Texas
Date Published: Aug 28, 2024
Docket Number: 07-24-00036-CV
Court Abbreviation: Tex. App.