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