Valadez v. Avitia, 238 S.W.3d 843 (Tex. App. 2007). · Go Syfert
Valadez v. Avitia, 238 S.W.3d 843 (Tex. App. 2007). Cases Citing This Book View Copy Cite
877 citation events (877 in the last 25 years) across 10 distinct courts.
Treatment trajectory · 2008 → 2026 · click a year to view as-of
2008 2017 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Stephanie Montagne Zoanni v. Lemuel David Hogan (2×) also: Cited as authority (rule)
Tex. App. · 2023 · signal: see · quote attribution · 1 verbatim quote · confidence high
an appellate court has no duty-or even right-to perform an independent review of the record and applicable law to determine whether there was error.
discussed Cited as authority (verbatim quote) Sammy Lee Woods, Jr. v. ALTO Asset Company 3, LLC F/K/A Firebird SFE I, LLC (2×) also: Cited as authority (rule)
Tex. App. · 2022 · quote attribution · 1 verbatim quote · confidence high
failure to cite legal authority or provide substantive analysis of the legal issue presented results in waiver of the complaint.
cited Cited as authority (rule) Brian J Heaton v. Burley Auction Group LLC and Robert Burley
txctapp3 · 2026 · confidence medium
Life Ins., 881 S.W.2d 279, 283-84 (Tex. 1994); Canton-Carter, 271 S.W.3d at 931-32 ; Valadez v. Avitia, 238 S.W.3d 843, 845 (Tex. App.—El Paso 2007, no pet.).
discussed Cited as authority (rule) Hicks Airfield Pilots Association v. Barbara Ann Brunson, Kevin Brunson, Rio Concho Aviation, Inc., Southlake Hospitality, Inc. D/B/A Wing It Café!, and Barbie Land Development, Inc.
txctapp2 · 2026 · confidence medium
Jimison v. MAEDC- Hulen Bend Senior Cmty., L.P., No. 02-23-00206-CV, 2024 WL 3282544 , at *8 (Tex. App.—Fort Worth July 3, 2024, no pet.) (mem. op.); Valadez v. Avitia, 238 S.W.3d 843, 845 (Tex. App.—El Paso 2007, no pet.).
discussed Cited as authority (rule) Darryl Heffner v. Janelle Haverkamp, Paul Wright, the Wright Law Firm, L.L.P., Charles Beachley, Beachley Smith P.L.L.C., Christopher Henry, Minor & Jester, P.C., and Tiffany Wright
txctapp2 · 2026 · confidence medium
Indeed, “[f]ailure to cite legal authority or provide substantive analysis of the legal issue presented results in waiver of the complaint.” Valadez v. Avitia, 238 S.W.3d 843, 845 (Tex. App.—El Paso 2007, no pet.).
discussed Cited as authority (rule) Amanda Adams v. Allen Butler Construction, Inc.
txctapp7 · 2026 · confidence medium
“An appellate court has no duty—or even right—to perform an independent review of the record and applicable law to determine whether there was error.” Valadez v. Avitia, 238 S.W.3d 843, 845 (Tex. App.—El Paso 2007, no pet.).
discussed Cited as authority (rule) Cody Wommack v. Brianna McClain and Carrie McGinnis
txctapp6 · 2026 · confidence medium
“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. (citing Valadez v. Avitia, 238 S.W.3d 843, 845 (Tex. App.—El Paso 2007, no pet.)).
cited Cited as authority (rule) In the Interest of I.N.A.M., a Child v. the State of Texas
txctapp8 · 2026 · confidence medium
Valadez v. Avitia, 238 S.W.3d 843, 845 (Tex. App.—El Paso 2007, no pet.).
cited Cited as authority (rule) Tamara Angela Griffin v. James Henry Thomas, Sr.
txctapp8 · 2026 · confidence medium
Valadez v. Avitia, 238 S.W.3d 843, 845 (Tex. App.— El Paso 2007, no pet.).
discussed Cited as authority (rule) In the Matter of J.P.D.D. v. the State of Texas
txctapp13 · 2026 · confidence medium
“It is the [a]ppellant’s burden to discuss h[is] assertions of error,” and the appellate court “has no duty—or even right—to perform an independent review of the record and applicable law to determine whether there was error” as “we would be abandoning our role as neutral adjudicators and become an advocate for that party.” Valadez v. Avitia, 238 S.W.3d 843, 845 (Tex. App.—El Paso 2007, no pet.).
cited Cited as authority (rule) Johannes B. Massar v. Pegasus Pain Management, PLLC
txctapp15 · 2026 · confidence medium
See Trimcos, LLC v. Compass Bank, 649 S.W.3d 907 , 921 (Tex. App. – Houston [1st Dist.] 2022, pet. denied); Valadez v. Avitia, 238 S.W.3d 843, 843 (Tex. App. – El Paso 2007, no pet.).
discussed Cited as authority (rule) Johannes B. Massar v. Pegasus Pain Management, PLLC
Tex. App. · 2025 · confidence medium
The “failure to cite legal authority or provide substantive analysis of the legal issue presented result[s] in waiver of the complaint.” Valadez v. Avitia, 238 S.W.3d 843, 843 (Tex. App. – El Paso 2007, no pet.).
cited Cited as authority (rule) Frank W. Fouts, IV and Sheila D. Stibolt v. Kurt W. Muench, Lance A. Muench, Mark A. Muench and UpCurve Energy Partners, LLC
Tex. App. · 2025 · confidence medium
Valadez v. Avitia, 238 S.W.3d 843, 845 (Tex. App.—El Paso 2007, no pet.).
cited Cited as authority (rule) Tamara Angela Griffin v. James Henry Thomas, Sr.
Tex. App. · 2025 · confidence medium
Valadez v. Avitia, 238 S.W.3d 843, 845 (Tex. App.— El Paso 2007, no pet.).
discussed Cited as authority (rule) Fernando Yates v. Houston Independent School District
Tex. App. · 2025 · confidence medium
Id. at 408 (citing Valadez v. Avitia, 238 S.W.3d 843, 845 (Tex. App.—El Paso 2007, no pet.)); see also Canton-Carter v. Baylor Coll. of Medicine, 271 S.W.3d 928, 931 (Tex. App.—Houston [14th Dist.] 2008, no pet.) (“It would be inappropriate for this court to speculate as to what appellant may have intended to raise as an error by the trial court on appeal.
discussed Cited as authority (rule) In the Interest of J.D., a Child v. the State of Texas
Tex. App. · 2025 · confidence medium
Indeed, “[f]ailure to cite legal authority or provide substantive analysis of the legal issue presented results in waiver of the complaint.” Valadez v. Avitia, 238 S.W.3d 843, 845 (Tex. App.—El Paso 2007, no pet.).
discussed Cited as authority (rule) The State of Texas v. William Jose Freites
Tex. App. · 2025 · confidence medium
App. P. 38.1(i) (addressing briefing requirements); Adams v. State, No. 08-10-00235-CR, 2012 WL 3025915 , at *5 (Tex. App.—El Paso July 25, 2012, no pet.) (not designated for publication) (recognizing that when an appellant has “inadequately briefed [an]issue, nothing is presented for [an appellate court’s] review,” and the issue is therefore “waived” (citing Valadez v. Avitia, 238 S.W.3d 843, 845 (Tex. App.—El Paso 2007, no pet.) (recognizing that the failure to adequately brief an issue results in waiver))).
discussed Cited as authority (rule) The State of Texas v. Jordan Manuel Maita
Tex. App. · 2025 · confidence medium
App. P. 38.1(i) (addressing briefing requirements); Adams v. State, No. 08-10-00235-CR, 2012 WL 3025915 , at *5 (Tex. App.—El Paso July 25, 2012, no pet.) (not designated for publication) (recognizing that when an appellant has “inadequately briefed [an]issue, nothing is presented for [an appellate court’s] review,” and the issue is therefore “waived” (citing Valadez v. Avitia, 238 S.W.3d 843, 845 (Tex. App.—El Paso 2007, no pet.) (recognizing that the failure to adequately brief an issue results in waiver))).
discussed Cited as authority (rule) The State of Texas v. Jeison Javier Gonzalez
Tex. App. · 2025 · confidence medium
App. P. 38.1(i) (addressing briefing requirements); Adams v. State, No. 08-10-00235-CR, 2012 WL 3025915 , at *5 (Tex. App.—El Paso July 25, 2012, no pet.) (not designated for publication) (recognizing that when an appellant has “inadequately briefed [an]issue, nothing is presented for [an appellate court’s] review,” and the issue is therefore “waived” (citing Valadez v. Avitia, 238 S.W.3d 843, 845 (Tex. App.—El Paso 2007, no pet.) (recognizing that the failure to adequately brief an issue results in waiver))).
discussed Cited as authority (rule) The State of Texas v. Santiago Salomon Ibanez
Tex. App. · 2025 · confidence medium
App. P. 38.1(i) (addressing briefing requirements); Adams v. State, No. 08-10-00235-CR, 2012 WL 3025915 , at *5 (Tex. App.—El Paso July 25, 2012, no pet.) (not designated for publication) (recognizing that when an appellant has “inadequately briefed [an]issue, nothing is presented for [an appellate court’s] review,” and the issue is therefore “waived” (citing Valadez v. Avitia, 238 S.W.3d 843, 845 (Tex. App.—El Paso 2007, no pet.) (recognizing that the failure to adequately brief an issue results in waiver))).
discussed Cited as authority (rule) The State of Texas v. Hilario Javier Gonzalez
Tex. App. · 2025 · confidence medium
App. P. 38.1(i) (addressing briefing requirements); Adams v. State, No. 08-10-00235-CR, 2012 WL 3025915 , at *5 (Tex. App.—El Paso July 25, 2012, no pet.) (not designated for publication) (recognizing that when an appellant has “inadequately briefed [an]issue, nothing is presented for [an appellate court’s] review,” and the issue is therefore “waived” (citing Valadez v. Avitia, 238 S.W.3d 843, 845 (Tex. App.—El Paso 2007, no pet.) (recognizing that the failure to adequately brief an issue results in waiver))).
discussed Cited as authority (rule) The State of Texas v. Elia Jose Gonzalez
Tex. App. · 2025 · confidence medium
App. P. 38.1(i) (addressing briefing requirements); Adams v. State, No. 08-10-00235-CR, 2012 WL 3025915 , at *5 (Tex. App.—El Paso July 25, 2012, no pet.) (not designated for publication) (recognizing that when an appellant has “inadequately briefed [an]issue, nothing is presented for [an appellate court’s] review,” and the issue is therefore “waived” (citing Valadez v. Avitia, 238 S.W.3d 843, 845 (Tex. App.—El Paso 2007, no pet.) (recognizing that the failure to adequately brief an issue results in waiver))).
discussed Cited as authority (rule) The State of Texas v. Anderson Jose Gutierrez
Tex. App. · 2025 · confidence medium
App. P. 38.1(i) (addressing briefing requirements); Adams v. State, No. 08-10-00235-CR, 2012 WL 3025915 , at *5 (Tex. App.—El Paso July 25, 2012, no pet.) (not designated for publication) (recognizing that when an appellant has “inadequately briefed [an]issue, nothing is presented for [an appellate court’s] review,” and the issue is therefore “waived” (citing Valadez v. Avitia, 238 S.W.3d 843, 845 (Tex. App.—El Paso 2007, no pet.) (recognizing that the failure to adequately brief an issue results in waiver))).
discussed Cited as authority (rule) The State of Texas v. Miguel Angel Labaut
Tex. App. · 2025 · confidence medium
App. P. 38.1(i) (addressing briefing requirements); Adams v. State, No. 08-10-00235-CR, 2012 WL 3025915 , at *5 (Tex. App.—El Paso July 25, 2012, no pet.) (not designated for publication) (recognizing that when an appellant has “inadequately briefed [an]issue, nothing is presented for [an appellate court’s] review,” and the issue is therefore “waived” (citing Valadez v. Avitia, 238 S.W.3d 843, 845 (Tex. App.—El Paso 2007, no pet.) (recognizing that the failure to adequately brief an issue results in waiver))).
discussed Cited as authority (rule) The State of Texas v. Angelo Gomez
Tex. App. · 2025 · confidence medium
App. P. 38.1(i) (addressing briefing requirements); Adams v. State, No. 08-10-00235-CR, 2012 WL 3025915 , at *5 (Tex. App.—El Paso July 25, 2012, no pet.) (not designated for publication) (recognizing that when an appellant has “inadequately briefed [an]issue, nothing is presented for [an appellate court’s] review,” and the issue is therefore “waived” (citing Valadez v. Avitia, 238 S.W.3d 843, 845 (Tex. App.—El Paso 2007, no pet.) (recognizing that the failure to adequately brief an issue results in waiver))).
discussed Cited as authority (rule) The State of Texas v. Ronaldo Martinez Maita
Tex. App. · 2025 · confidence medium
App. P. 38.1(i) (addressing briefing requirements); Adams v. State, No. 08-10-00235-CR, 2012 WL 3025915 , at *5 (Tex. App.—El Paso July 25, 2012, no pet.) (not designated for publication) (recognizing that when an appellant has “inadequately briefed [an]issue, nothing is presented for [an appellate court’s] review,” and the issue is therefore “waived” (citing Valadez v. Avitia, 238 S.W.3d 843, 845 (Tex. App.—El Paso 2007, no pet.) (recognizing that the failure to adequately brief an issue results in waiver))).
discussed Cited as authority (rule) The State of Texas v. Geomar Jesus Ramirez
Tex. App. · 2025 · confidence medium
App. P. 38.1(i) (addressing briefing requirements); Adams v. State, No. 08-10-00235-CR, 2012 WL 3025915 , at *5 (Tex. App.—El Paso July 25, 2012, no pet.) (not designated for publication) (recognizing that when an appellant has “inadequately briefed [an]issue, nothing is presented for [an appellate court’s] review,” and the issue is therefore “waived” (citing Valadez v. Avitia, 238 S.W.3d 843, 845 (Tex. App.—El Paso 2007, no pet.) (recognizing that the failure to adequately brief an issue results in waiver))).
discussed Cited as authority (rule) The State of Texas v. Samid Gabriel Hernandez
Tex. App. · 2025 · confidence medium
App. P. 38.1(i) (addressing briefing requirements); Adams v. State, No. 08-10-00235-CR, 2012 WL 3025915 , at *5 (Tex. App.—El Paso July 25, 2012, no pet.) (not designated for publication) (recognizing that when an appellant has “inadequately briefed [an]issue, nothing is presented for [an appellate court’s] review,” and the issue is therefore “waived” (citing Valadez v. Avitia, 238 S.W.3d 843, 845 (Tex. App.—El Paso 2007, no pet.) (recognizing that the failure to adequately brief an issue results in waiver))).
discussed Cited as authority (rule) The State of Texas v. Jose Alejandro Vezga
Tex. App. · 2025 · confidence medium
App. P. 38.1(i) (addressing briefing requirements); Adams v. State, No. 08-10-00235-CR, 2012 WL 3025915 , at *5 (Tex. App.—El Paso July 25, 2012, no pet.) (not designated for publication) (recognizing that when an appellant has “inadequately briefed [an]issue, nothing is presented for [an appellate court’s] review,” and the issue is therefore “waived” (citing Valadez v. Avitia, 238 S.W.3d 843, 845 (Tex. App.—El Paso 2007, no pet.) (recognizing that the failure to adequately brief an issue results in waiver))).
discussed Cited as authority (rule) The State of Texas v. Edixon Javier Garcia
Tex. App. · 2025 · confidence medium
App. P. 38.1(i) (addressing briefing requirements); Adams v. State, No. 08-10-00235-CR, 2012 WL 3025915 , at *5 (Tex. App.—El Paso July 25, 2012, no pet.) (not designated for publication) (recognizing that when an appellant has “inadequately briefed [an]issue, nothing is presented for [an appellate court’s] review,” and the issue is therefore “waived” (citing Valadez v. Avitia, 238 S.W.3d 843, 845 (Tex. App.—El Paso 2007, no pet.) (recognizing that the failure to adequately brief an issue results in waiver))).
discussed Cited as authority (rule) The State of Texas v. Wuilliams Alexander Cedeno
Tex. App. · 2025 · confidence medium
App. P. 38.1(i) (addressing briefing requirements); Adams v. State, No. 08-10-00235-CR, 2012 WL 3025915 , at *5 (Tex. App.—El Paso July 25, 2012, no pet.) (not designated for publication) (recognizing that when an appellant has “inadequately briefed [an]issue, nothing is presented for [an appellate court’s] review,” and the issue is therefore “waived” (citing Valadez v. Avitia, 238 S.W.3d 843, 845 (Tex. App.—El Paso 2007, no pet.) (recognizing that the failure to adequately brief an issue results in waiver))).
discussed Cited as authority (rule) The State of Texas v. Edwin Oswaldo Rivas
Tex. App. · 2025 · confidence medium
App. P. 38.1(i) (addressing briefing requirements); Adams v. State, No. 08-10-00235-CR, 2012 WL 3025915 , at *5 (Tex. App.—El Paso July 25, 2012, no pet.) (not designated for publication) (recognizing that when an appellant has “inadequately briefed [an]issue, nothing is presented for [an appellate court’s] review,” and the issue is therefore “waived” (citing Valadez v. Avitia, 238 S.W.3d 843, 845 (Tex. App.—El Paso 2007, no pet.) (recognizing that the failure to adequately brief an issue results in waiver))).
discussed Cited as authority (rule) The State of Texas v. Andry Rafael Acosta
Tex. App. · 2025 · confidence medium
App. P. 38.1(i) (addressing briefing requirements); Adams v. State, No. 08-10-00235-CR, 2012 WL 3025915 , at *5 (Tex. App.—El Paso July 25, 2012, no pet.) (not designated for publication) (recognizing that when an appellant has “inadequately briefed [an]issue, nothing is presented for [an appellate court’s] review,” and the issue is therefore “waived” (citing Valadez v. Avitia, 238 S.W.3d 843, 845 (Tex. App.—El Paso 2007, no pet.) (recognizing that the failure to adequately brief an issue results in waiver))).
discussed Cited as authority (rule) The State of Texas v. Juan Jose Pichardo
Tex. App. · 2025 · confidence medium
App. P. 38.1(i) (addressing briefing requirements); Adams v. State, No. 08-10-00235-CR, 2012 WL 3025915 , at *5 (Tex. App.—El Paso July 25, 2012, no pet.) (not designated for publication) (recognizing that when an appellant has “inadequately briefed [an]issue, nothing is presented for [an appellate court’s] review,” and the issue is therefore “waived” (citing Valadez v. Avitia, 238 S.W.3d 843, 845 (Tex. App.—El Paso 2007, no pet.) (recognizing that the failure to adequately brief an issue results in waiver))).
discussed Cited as authority (rule) The State of Texas v. Mervin Raul Hernandez
Tex. App. · 2025 · confidence medium
App. P. 38.1(i) (addressing briefing requirements); Adams v. State, No. 08-10-00235-CR, 2012 WL 3025915 , at *5 (Tex. App.—El Paso July 25, 2012, no pet.) (not designated for publication) (recognizing that when an appellant has “inadequately briefed [an]issue, nothing is presented for [an appellate court’s] review,” and the issue is therefore “waived” (citing Valadez v. Avitia, 238 S.W.3d 843, 845 (Tex. App.—El Paso 2007, no pet.) (recognizing that the failure to adequately brief an issue results in waiver))).
discussed Cited as authority (rule) The State of Texas v. Henry Patricio Archig
Tex. App. · 2025 · confidence medium
App. P. 38.1(i) (addressing briefing requirements); Adams v. State, No. 08-10-00235-CR, 2012 WL 3025915 , at *5 (Tex. App.—El Paso July 25, 2012, no pet.) (not designated for publication) (recognizing that when an appellant has “inadequately briefed [an]issue, nothing is presented for [an appellate court’s] review,” and the issue is therefore “waived” (citing Valadez v. Avitia, 238 S.W.3d 843, 845 (Tex. App.—El Paso 2007, no pet.) (recognizing that the failure to adequately brief an issue results in waiver))).
discussed Cited as authority (rule) The State of Texas v. Mario Wladimir Gonzalez
Tex. App. · 2025 · confidence medium
App. P. 38.1(i) (addressing briefing requirements); Adams v. State, No. 08-10-00235-CR, 2012 WL 3025915 , at *5 (Tex. App.—El Paso July 25, 2012, no pet.) (not designated for publication) (recognizing that when an appellant has “inadequately briefed [an]issue, nothing is presented for [an appellate court’s] review,” and the issue is therefore “waived” (citing Valadez v. Avitia, 238 S.W.3d 843, 845 (Tex. App.—El Paso 2007, no pet.) (recognizing that the failure to adequately brief an issue results in waiver))).
discussed Cited as authority (rule) The State of Texas v. Noel Eliezer Duarte
Tex. App. · 2025 · confidence medium
App. P. 38.1(i) (addressing briefing requirements); Adams v. State, No. 08-10-00235-CR, 2012 WL 3025915 , at *5 (Tex. App.—El Paso July 25, 2012, no pet.) (not designated for publication) (recognizing that when an appellant has “inadequately briefed [an]issue, nothing is presented for [an appellate court’s] review,” and the issue is therefore “waived” (citing Valadez v. Avitia, 238 S.W.3d 843, 845 (Tex. App.—El Paso 2007, no pet.) (recognizing that the failure to adequately brief an issue results in waiver))).
discussed Cited as authority (rule) The State of Texas v. Francisco Antonio Contreras
Tex. App. · 2025 · confidence medium
App. P. 38.1(i) (addressing briefing requirements); Adams v. State, No. 08-10-00235-CR, 2012 WL 3025915 , at *5 (Tex. App.—El Paso July 25, 2012, no pet.) (not designated for publication) (recognizing that when an appellant has “inadequately briefed [an]issue, nothing is presented for [an appellate court’s] review,” and the issue is therefore “waived” (citing Valadez v. Avitia, 238 S.W.3d 843, 845 (Tex. App.—El Paso 2007, no pet.) (recognizing that the failure to adequately brief an issue results in waiver))).
discussed Cited as authority (rule) The State of Texas v. Gilber Andres Avirama
Tex. App. · 2025 · confidence medium
App. P. 38.1(i) (addressing briefing requirements); Adams v. State, No. 08-10-00235-CR, 2012 WL 3025915 , at *5 (Tex. App.—El Paso July 25, 2012, no pet.) (not designated for publication) (recognizing that when an appellant has “inadequately briefed [an]issue, nothing is presented for [an appellate court’s] review,” and the issue is therefore “waived” (citing Valadez v. Avitia, 238 S.W.3d 843, 845 (Tex. App.—El Paso 2007, no pet.) (recognizing that the failure to adequately brief an issue results in waiver))).
discussed Cited as authority (rule) The State of Texas v. Jose Roberto Chichande
Tex. App. · 2025 · confidence medium
App. P. 38.1(i) (addressing briefing requirements); Adams v. State, No. 08-10-00235-CR, 2012 WL 3025915 , at *5 (Tex. App.—El Paso July 25, 2012, no pet.) (not designated for publication) (recognizing that when an appellant has “inadequately briefed [an]issue, nothing is presented for [an appellate court’s] review,” and the issue is therefore “waived” (citing Valadez v. Avitia, 238 S.W.3d 843, 845 (Tex. App.—El Paso 2007, no pet.) (recognizing that the failure to adequately brief an issue results in waiver))).
discussed Cited as authority (rule) The State of Texas v. Pedro Saniago Diaz
Tex. App. · 2025 · confidence medium
App. P. 38.1(i) (addressing briefing requirements); Adams v. State, No. 08-10-00235-CR, 2012 WL 3025915 , at *5 (Tex. App.—El Paso July 25, 2012, no pet.) (not designated for publication) (recognizing that when an appellant has “inadequately briefed [an]issue, nothing is presented for [an appellate court’s] review,” and the issue is therefore “waived” (citing Valadez v. Avitia, 238 S.W.3d 843, 845 (Tex. App.—El Paso 2007, no pet.) (recognizing that the failure to adequately brief an issue results in waiver))).
discussed Cited as authority (rule) The State of Texas v. Kevin David Diaz
Tex. App. · 2025 · confidence medium
App. P. 38.1(i) (addressing briefing requirements); Adams v. State, No. 08-10-00235-CR, 2012 WL 3025915 , at *5 (Tex. App.—El Paso July 25, 2012, no pet.) (not designated for publication) (recognizing that when an appellant has “inadequately briefed [an]issue, nothing is presented for [an appellate court’s] review,” and the issue is therefore “waived” (citing Valadez v. Avitia, 238 S.W.3d 843, 845 (Tex. App.—El Paso 2007, no pet.) (recognizing that the failure to adequately brief an issue results in waiver))).
discussed Cited as authority (rule) The State of Texas v. Yefrey Antonio Bravo
Tex. App. · 2025 · confidence medium
App. P. 38.1(i) (addressing briefing requirements); Adams v. State, No. 08-10-00235-CR, 2012 WL 3025915 , at *5 (Tex. App.—El Paso July 25, 2012, no pet.) (not designated for publication) (recognizing that when an appellant has “inadequately briefed [an]issue, nothing is presented for [an appellate court’s] review,” and the issue is therefore “waived” (citing Valadez v. Avitia, 238 S.W.3d 843, 845 (Tex. App.—El Paso 2007, no pet.) (recognizing that the failure to adequately brief an issue results in waiver))).
discussed Cited as authority (rule) The State of Texas v. Kenia Nairelbis Garcia
Tex. App. · 2025 · confidence medium
App. P. 38.1(i) (addressing briefing requirements); Adams v. State, No. 08-10-00235-CR, 2012 WL 3025915 , at *5 (Tex. App.—El Paso July 25, 2012, no pet.) (not designated for publication) (recognizing that when an appellant has “inadequately briefed [an]issue, nothing is presented for [an appellate court’s] review,” and the issue is therefore “waived” (citing Valadez v. Avitia, 238 S.W.3d 843, 845 (Tex. App.—El Paso 2007, no pet.) (recognizing that the failure to adequately brief an issue results in waiver))).
discussed Cited as authority (rule) The State of Texas v. Johan Andre Alvarez
Tex. App. · 2025 · confidence medium
App. P. 38.1(i) (addressing briefing requirements); Adams v. State, No. 08-10-00235-CR, 2012 WL 3025915 , at *5 (Tex. App.—El Paso July 25, 2012, no pet.) (not designated for publication) (recognizing that when an appellant has “inadequately briefed [an]issue, nothing is presented for [an appellate court’s] review,” and the issue is therefore “waived” (citing Valadez v. Avitia, 238 S.W.3d 843, 845 (Tex. App.—El Paso 2007, no pet.) (recognizing that the failure to adequately brief an issue results in waiver))).
discussed Cited as authority (rule) The State of Texas v. Gerson Daniel Carrillo
Tex. App. · 2025 · confidence medium
App. P. 38.1(i) (addressing briefing requirements); Adams v. State, No. 08-10-00235-CR, 2012 WL 3025915 , at *5 (Tex. App.—El Paso July 25, 2012, no pet.) (not designated for publication) (recognizing that when an appellant has “inadequately briefed [an]issue, nothing is presented for [an appellate court’s] review,” and the issue is therefore “waived” (citing Valadez v. Avitia, 238 S.W.3d 843, 845 (Tex. App.—El Paso 2007, no pet.) (recognizing that the failure to adequately brief an issue results in waiver))).
discussed Cited as authority (rule) The State of Texas v. Leonelys Antonella Rea
Tex. App. · 2025 · confidence medium
App. P. 38.1(i) (addressing briefing requirements); Adams v. State, No. 08-10-00235-CR, 2012 WL 3025915 , at *5 (Tex. App.—El Paso July 25, 2012, no pet.) (not designated for publication) (recognizing that when an appellant has “inadequately briefed [an]issue, nothing is presented for [an appellate court’s] review,” and the issue is therefore “waived” (citing Valadez v. Avitia, 238 S.W.3d 843, 845 (Tex. App.—El Paso 2007, no pet.) (recognizing that the failure to adequately brief an issue results in waiver))).
discussed Cited as authority (rule) The State of Texas v. Jhonathan Andres Corona
Tex. App. · 2025 · confidence medium
App. P. 38.1(i) (addressing briefing requirements); Adams v. State, No. 08-10-00235-CR, 2012 WL 3025915 , at *5 (Tex. App.—El Paso July 25, 2012, no pet.) (not designated for publication) (recognizing that when an appellant has “inadequately briefed [an]issue, nothing is presented for [an appellate court’s] review,” and the issue is therefore “waived” (citing Valadez v. Avitia, 238 S.W.3d 843, 845 (Tex. App.—El Paso 2007, no pet.) (recognizing that the failure to adequately brief an issue results in waiver))).
discussed Cited as authority (rule) The State of Texas v. Birmania Del Rocio Rosero Falconi
Tex. App. · 2025 · confidence medium
App. P. 38.1(i) (addressing briefing requirements); Adams v. State, No. 08-10-00235-CR, 2012 WL 3025915 , at *5 (Tex. App.—El Paso July 25, 2012, no pet.) (not designated for publication) (recognizing that when an appellant has “inadequately briefed [an]issue, nothing is presented for [an appellate court’s] review,” and the issue is therefore “waived” (citing Valadez v. Avitia, 238 S.W.3d 843, 845 (Tex. App.—El Paso 2007, no pet.) (recognizing that the failure to adequately brief an issue results in waiver))).
Retrieving the full opinion text from the archive…
Janet VALADEZ, Appellant,
v.
Linda AVITIA and Basilio Avitia, Appellees
08-06-00144-CV.
Court of Appeals of Texas.
Oct 18, 2007.
238 S.W.3d 843
Janet Valadez, Fabens, TX, appellant pro se., Basilio and Linda Avitia, El Paso, for Appellees.
Chew, McClure, Carr.
Cited by 439 opinions  |  Published

OPINION

KENNETH R. CARR, Justice.

Appellant, Janet Valadez, appeals the trial court’s entry of a default judgment in favor of Linda and Basilio Avitia (“the Avitias”) for violations of the Texas Deceptive Trade Practices Act and breach of contract. Because Appellant has failed to comply with Tex.R.App. P. 38.1, any issues presented for review have been waived. We will affirm the trial court’s judgment.

FACTUAL AND PROCEDURAL BACKGROUND

The Avitias filed this lawsuit on February 23, 2006, alleging violations of the Texas Deceptive Trade Practices Act and breach of contract related to the sale of a bakery located in Fabens, Texas. According to the petition, Valadez signed a contract for the sale of “Fabens Bakery # 1,” including the location, various items of personal property, and goodwill, on February 4, 2005. The Avitias agreed to pay $27,000 for the business. Following the sale, however, the Avitias claimed that equipment and other items, which they had been informed were included in the sale, had been removed from the premises by third parties. The Avitias further alleged that Va-ladez continued to publicly claim ownership of the business following the sale and took several actions which devalued the business. Valadez was served with notice of the suit on March 27, 2006, but failed to file an answer. The trial court entered a default judgment in the case on May 12, 2006.

Valadez filed this appeal, pro se, on June 6, 2006. By an order dated September 19, 2006, we notified Valadez that her brief was not in compliance with the Texas Rules of Appellate Procedure and would not be filed. Valadez was given until October 19, 2006, to file a brief in compliance with Rule 38.1. Valadez re-submitted her brief on October 19. The brief consists of two and one-half pages in which Valadez explains that she was not able to answer the underlying suit due to personal and medical problems. The remainder of the text consists of twelve numbered paragraphs in which Valadez recounts her version of the events leading up to the Avitias’ lawsuit. The brief does not contain a statement of issues which Valadez would have this Court review and lacks citation to any legal authority. See Tex.R.App. P.[*845] 38.1. Because Valadez’s brief is not in compliance with the Rules of Appellate Procedure, she has waived any issues she may have intended for this Court to address.

DISCUSSION

Initially we must note that pro se litigants are held to the same standards as licensed attorneys and must comply with all applicable rules of procedure. Sweed v. City of El Paso, 195 S.W.3d 784, 786 (Tex.App.-El Paso 2006, no pet.). A pro se litigant is required to properly present her case on appeal, just as she is required to properly present her case to the trial court. Martinez v. El Paso County, 218 S.W.3d 841, 844 (Tex.App.-El Paso 2007, pet. struck). If this were not the rule, pro se litigants would benefit from an unfair advantage over those parties who are represented by counsel. Id. Therefore, we will not make allowances or apply different standards, because a case is presented by a litigant acting without the advice of counsel. See id.

The Texas Rules of Appellate Procedure control the required contents and organization for an appellant’s brief. See Tex.R.App. P. 38.1. One of those requirements is that an appellant’s brief must concisely state all issues or points presented for review. Tex.R.App. P. 38.1(e). An issue presented in an appellant’s brief is sufficient, if it directs the reviewing court’s attention to the error about which the complaint is made. Martinez, 218 S.W.3d at 844. The appellant’s brief must also contain a clear and concise argument, including appropriate citations to authority and the record. See Tex. R.App. P. 38.1(h). This requirement is not satisfied by merely uttering brief concluso-ry statements unsupported by legal citations. Sweed, 195 S.W.3d at 786. Failure to cite legal authority or provide substantive analysis of the legal issue presented results in waiver of the complaint. Martinez, 218 S.W.3d at 844 (citing Leyva v. Leyva, 960 S.W.2d 732, 734 (Tex.App.-El Paso 1997, no writ)).

It is the Appellant’s burden to discuss her assertions of error. Id. An appellate court has no duty-or even right-to perform an independent review of the record and applicable law to determine whether there was error. Id. Were we to do so, even on behalf of a pro se appellant, we would be abandoning our role as neutral adjudicators and become an advocate for that party. Id. (citing Plummer v. Reeves, 93 S.W.3d 930, 931 (Tex.App.Amarillo 2003, pet. denied)). In the review of a civil case, the appellate court has no discretion to consider an issue not raised in the appellant’s brief, even if the ends of justice so require. Id. (citing Bankhead v. Maddox, 135 S.W.3d 162, 163-64 (Tex.App.-Tyler 2004, no pet.)).

As we have discussed above, Valadez’s brief does not contain any legal analysis or citation to legal authority. She has not identified an issue for review. It would be inappropriate for this Court to attempt to re-draft and articulate what we believe Valadez may have intended to raise as error on appeal. See id. at 845. Due to Valadez’s failure to comply with the requirements of Texas Rule of Appellate Procedure 38, she has waived her issues on appeal. See Fredonia State Bank v. General Am. Life Ins. Co., 881 S.W.2d 279, 284 (Tex.1994). Finding that Appellant has failed to raise an issue for review, we affirm the trial court’s judgment.