Teodora Rivas Carrion v. Gilberto Carrion ( 2015 )

Dismiss and Opinion Filed June 23, 2015
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-14-00325-CV
TEODORA RIVAS CARRION, Appellant
V.
GILBERTO CARRION, Appellee
On Appeal from the 303rd Judicial District Court
Dallas County, Texas
Trial Court Cause No. DF-12-18880-V
MEMORANDUM OPINION
Before Justices Francis, Lang-Miers, and Whitehill
Opinion by Justice Francis
Teodora Rivas Carrion appeals the trial court’s judgment granting a divorce, awarding
property, and determining child custody. For the reasons that follow, we dismiss this appeal.
Representing herself, Teodora filed a three-page document, entitled “Appellant’s Motion
to Changes of Decree Agreed Final Divorce” as her brief. We notified Teodora the brief was
deficient and instructed her to file an amended brief that complied with the Texas Rules of
Appellate Procedure. Our notice specifically stated that her “failure to file an amended brief that
complies with the Texas Rules of Appellate Procedure within ten days of the date of this letter
may result in dismissal of this appeal without further notice from the Court.” Teodora did not
file an amended brief as instructed by the Court.
Teodora’s original brief does not state what her legal issues or complaints are, nor does
she provide any legal authority or analysis to support her complaints. Our appellate rules have
specific requirements for briefing. See TEX. R. APP. P. 38. These rules require an appellant to
state concisely the complaint she may have, provide understandable, succinct, and clear
argument for why her complaint has merit in fact and in law, and cite and apply law that is
applicable to the complaint being made along with record references that are appropriate. TEX.
R. APP. P. 38.1(f), (h), and (i). Only when we are provided with proper briefing may we
discharge our responsibility to review the appeal and make a decision that disposes of the appeal
one way or the other. Bolling v. Farmers Branch Indep. Sch. Dist., 315 S.W.3d 893, 895 (Tex.
App.―Dallas 2010, no pet.). We are not responsible for identifying possible trial court error,
searching the record for facts that may be favorable to a party’s position, or doing the legal
research that might support a party’s contentions. Id. Were we to do so, even for a pro se
litigant untrained in law, we would be abandoning our role as judges and become an advocate for
that party. Id.
Because she has failed to comply with the briefing requirements of our appellate rules
after having been given the opportunity to do so, we dismiss Teodora’s appeal. See Bolling, 315
S.W.3d at 897.
140325F.P05 /Molly Francis/
MOLLY FRANCIS
JUSTICE
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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
TEODORA RIVAS CARRION, Appellant On Appeal from the 303rd Judicial District
Court, Dallas County, Texas
No. 05-14-00325-CV V. Trial Court Cause No. DF-12-18880-V.
Opinion delivered by Justice Francis,
GILBERTO CARRION, Appellee Justices Lang-Miers and Whitehill
participating.
In accordance with this Court’s opinion of this date, the judgment of the trial court is
AFFIRMED.
It is ORDERED that appellee GILBERTO CARRION recover his costs, if any, of this
appeal from appellant TEODORA RIVAS CARRION.
Judgment entered June 23, 2015.
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