Stevens v. Stevens, 809 S.W.2d 512 (Tex. App. 1991). · Go Syfert
Stevens v. Stevens, 809 S.W.2d 512 (Tex. App. 1991). Cases Citing This Book View Copy Cite
11 citation events (2 in the last 25 years) across 1 distinct court.
Top citers, strongest first. 8 distinct citers. How cited ↗
cited Cited as authority (rule) Larry Miller D/B/A Mobile Mechanic v. State
Tex. App. · 2003 · confidence medium
Stevens v. Stevens , 809 S.W.2d 512, 513 (Tex. App. C Houston [14th Dist.] 1991, no writ).
discussed Cited as authority (rule) Texas Drydock, Inc. v. Davis
Tex. App. · 1999 · confidence medium
Casteel-Diebolt v. Diebolt, 912 S.W.2d 302, 305 (Tex.App.—Houston [14th Dist.] 1995, no writ) (citing Stevens v. Stevens, 809 S.W.2d 512, 513 (Tex.App.—Houston [14th Dist.] 1991, no writ); Most Worshipful Prince Hall v. Jackson, 732 S.W.2d 407, 412 (Tex.App.—Dallas 1987, writ refd n.r.e.)).
cited Cited as authority (rule) Casteel-Diebolt v. Diebolt
Tex. App. · 1995 · confidence medium
Stevens v. Stevens, 809 S.W.2d 512, 513 (Tex.App.—Houston [14th Dist.] 1991, no writ); Most Worshipful Prince Hall v. Jackson, 732 S.W.2d 407, 412 (Tex.App.—Dallas 1987, writ ref d n.r.e.).
cited Cited as authority (rule) Rendleman v. Clarke
Tex. App. · 1995 · confidence medium
Stevens v. Stevens, 809 S.W.2d 512, 513 (Tex.App.—Houston [14th Dist.] 1991, no writ); Most Worshipful Prince Hall v. Jackson, 732 S.W.2d 407, 412 (Tex.App.—Dallas 1987, writ refd n.r.e.).
discussed Cited as authority (rule) Parker v. Parker (2×) also: Cited "see"
Tex. App. · 1995 · confidence medium
We are not under a duty to search the record to supplement and provide the necessary material to support Parker’s assertion that the trial court used the personal goodwill of Parker in valuing Share and Foundation. 10 See Stevens v. Stevens, 809 S.W.2d 512, 513 (Tex.App.— Houston [14th Dist.] 1991, no writ).
cited Cited "see" Flume v. State Bar of Texas
Tex. App. · 1998 · signal: see · confidence high
See Stevens v. Stevens, 809 S.W.2d 512, 513 (Tex.App.—Houston [14th Dist.] 1991, no writ); Most Worshipful Prince Hall v. Jackson, 732 S.W.2d 407, 412 (Tex.App.—Dallas 1987, writ ref'd n.r.e.).
discussed Cited "see, e.g." Dierdre Via v. Larry Woodrow and Warren Treptow
Tex. App. · 2018 · signal: see also · confidence low
See Rendleman, 909 S.W.2d at 59 (holding that the appellant had notice of defect and an opportunity to rebrief when the appellee pointed out the defect and the appellant subsequently failed to rebrief); see also Stevens v. Stevens, 809 S.W.2d 512 , 513–14 (Tex. App.—Houston [14th Dist.] 1991, no writ) (same).
discussed Cited "see, e.g." Russell v. City of Bryan
Tex. App. · 1996 · signal: see also · confidence medium
See also Stevens v. Stevens, 809 S.W.2d 512, 513-14 (Tex.App.-Houston [14th Dist.] 1991, no writ) (appellant not given opportunity to rebrief where he admitted receipt of appellee’s brief putting him on notice of defects almost seven months before submission and offered no explanation for his failure to rebrief).
Retrieving the full opinion text from the archive…
Bernice Lively STEVENS, Appellant,
v.
Curley J. STEVENS, Appellee
B14-89-998-CV.
Court of Appeals of Texas.
Mar 7, 1991.
809 S.W.2d 512
George E. Baldry, Houston, for appellant., Howard J. Stern, Houston, for appellee.
Pressler, Sears, Draughn.
Cited by 9 opinions  |  Published

OPINION

SEARS, Justice.

This is an appeal from a take-nothing judgment entered in favor of appellee. Appellant filed a motion for contempt for failure to deliver possession of property awarded to her in a divorce decree. Appellant sought enforcement of the decree by contempt or, in the alternative, a judgment for conversion of personal property. After a bench trial, the trial court denied the requested relief. In two points of error, appellant claims the trial court erred in its findings of fact and conclusions of law. We affirm.

In her brief, appellant has not directed us to anything in the record which would support her points of error. Also, she has not cited any authority to support the error she has attempted to raise. It is not the duty of the court of appeals to make an independent search of the statement of facts and to search the record for evidence supporting a litigant’s position under particular points of error. See Most Worshipful Prince Hall Grand Lodge, Free and Accepted Masons of Texas and Jurisdiction v. Jackson, 732 S.W.2d 407, 412 (Tex.App.—Dallas 1987, writ ref’d n.r.e.). Therefore, appellant has waived her points of error. Essex Crane Rental Corp. v. Striland Construction Co., 753 S.W.2d 751, 756 (Tex.App.—Dallas 1988, writ denied); Tex. R.App.P. 74(f).

A judgment cannot be affirmed or reversed, or an appeal dismissed, for defects or irregularities in appellate procedure, without allowing appellant a reasonable time to amend or correct such defects or irregularities. Tex.R.App.P. 83. In Inpet-co, Inc. v. Texas American Bank/Houston N.A., 722 S.W.2d 721, 722 (Tex.App—Houston [14th Dist.] 1986), a panel of this court held that the appellant waived its point of error because it failed to comply with the briefing rules. In a per curiam opinion, the Texas Supreme Court refused the writ of error on the merits but disapproved our treatment of the procedural question. Inpetco, Inc. v. Texas American Bank/Houston N.A., 729 S.W.2d 300 (Tex.1987). The court specifically held that “[t]he court of appeals erred in affirming the trial court on the basis of Inpetco’s briefing inadequacies without first ordering Inpetco to rebrief.” Id.

In Inpetco, the appellant apparently was never put on notice of the defects in the brief prior to the opinion affirming the trial court’s judgment. However, in this case, appellant was put on notice almost seven months before submission that the brief failed to direct the court of appeals to anything in the record, and failed to cite any authority to support the errors alleged. Appellee filed his brief on April 19, 1990, and pointed out with specificity the defects and irregularities in appellant’s brief. The case was submitted to this court by oral submission on November 7, 1990. At submission, appellant’s attorney admitted he received appellee’s brief and was aware of the allegations of defects and irregularities in his brief. He offered no explanation for his failure to rebrief other than to say he thought this court would “look at the record.”

Although the record in this case is wholly void of anything to support appellant’s points of error directed at the trial court’s findings of fact and conclusions of law, we believe this ease should be disposed of on procedural grounds. It is also our belief that the Supreme Court in Inpetco did not mean that appellate courts must always order rebriefing even when the parties are otherwise on notice of the defects or irregularities and have had reasonable time to correct or amend such defects or irregularities.

[*514] Therefore, we find that appellant has failed to comply with the briefing requirements set forth in Tex.R.App.P. 74(d) and (f), and we find further that she has been put on notice of the defects and irregularities in her brief and has had a reasonable time to cure such defects and irregularities and has failed to do so. We therefore dismiss the appeal and affirm the judgment of the trial court.