Washington v. Bank of New York
362 S.W.3d 853
| Tex. App. | 2012Background
- Washington appeals a trial court judgment granting possession of real property to Bank of New York as trustee for CWABS 2004-7.
- Washington filed a pro se brief not conforming to Tex. R. App. P. 38.1; court ordered amended brief.
- Washington later filed a document titled Affidavit of Notice of Appeal and Counterclaim, which also failed to comply with briefing rules.
- Court liberalizes pro se pleadings but applies standard rules equally to pro se litigants, requiring argument supported by authorities.
- Because Washington's brief lacked argument and proper record references, his complaints were waived and review was not reached on merits.
- Court affirms the trial court’s judgment, concluding the issues were not properly presented or supported by the record.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was Washington’s appeal adequately briefed? | Washington argues prosecutorial issues with counsel. | Washington failed to provide argument or authorities per Rule 38.1. | Waived; no merits review. |
| Did Washington preserve any error given no reporter’s record? | Not explicitly stated in adequate brief. | Appellant did not request a reporter's record. | Review not proper due to lack of record. |
Key Cases Cited
- Mansfield State Bank v. Cohn, 573 S.W.2d 181 (Tex. 1978) (pro se briefs still must meet procedural rules; failure waives error)
- Shull v. United Parcel Serv., 4 S.W.3d 46 (Tex. App.-San Antonio 1999) (pro se briefs subject to same standards as counselled briefs)
- McIntyre v. Wilson, 50 S.W.3d 674 (Tex.App.-Dallas 2001) (adequacy of briefing governs review)
- Sullivan v. Bickel & Brewer, 943 S.W.2d 477 (Tex.App.-Dallas 1995) (bare assertions without argument/authority waive error)
- Fredonia State Bank v. Gen. Am. Life Ins. Co., 881 S.W.2d 279 (Tex.1994) (appellate discretion to waive point of error for inadequate briefing)
- Devine v. Dallas County, 130 S.W.3d 512 (Tex.App.-Dallas 2004) (lack of argument/record leads to waiver of issues)
- Howell v. T S Communications, Inc., 130 S.W.3d 515 (Tex.App.-Dallas 2004) (failure to brief results in waived points)