Dan W. Shirey v. Billy Joe Gibson

                     NO. 12-05-00107-CV

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

  TYLER, TEXAS

  DAN W. SHIREY,                                              §     APPEAL FROM THE

APPELLANT

V.                                                                         §     COUNTY COURT AT LAW OF

BILLY JOE GIBSON,                                       §     ANDERSON COUNTY, TEXAS

APPELLEE

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  MEMORANDUM OPINION

PER CURIAM

            Dan W. Shirey, proceeding pro se, appeals the trial court’s default judgment entered in favor of Billy Joe Gibson. Shirey raises one issue on appeal. We affirm.

Background

            This cause, which concerns money allegedly owed under a lease option, was originally filed in Justice Court, Precinct 2 of Anderson County, Texas. Shirey appealed the case to the County Court at Law of Anderson County, Texas, which ultimately granted a default judgment against Shirey. This appeal followed.

Briefing Requisites

            In his sole issue, Shirey contends that he neither signed nor finalized the lease agreement at issue. Yet, Shirey has not made any effort to set forth the underlying facts pertinent to this issue. See Tex. R. App. P. 38.1(f). Moreover, Shirey has made no citations to the record. Id. Furthermore, Shirey has not presented any form of cogent argument, nor has he cited to any authority in support of his sole issue. See Tex. R. App. P. 38.1(h). We hold that Shirey has waived his argument by his failure to adequately brief it. See Kang v. Hyundai Corp., 992 S.W.2d 499, 503 (Tex.App.–Dallas 1999, no pet.). Shirey’s sole issue is overruled.

Disposition

            Having overruled Shirey’s sole issue, we affirm the trial court’s judgment.

Opinion delivered October 31, 2005.

Panel consisted of Worthen, C.J., Griffith, J., and DeVasto, J.

(PUBLISH)