Anderson v. Gilbert, 897 S.W.2d 783 (Tex. 1995). · Go Syfert
Anderson v. Gilbert, 897 S.W.2d 783 (Tex. 1995). Cases Citing This Book View Copy Cite
94 citation events (64 in the last 25 years) across 5 distinct courts.
Strongest positive: Janelle Nicole Landry v. Theodore Stanley Landry (texapp, 2024-09-17)
Treatment trajectory · 1995 → 2026 · click a year to view as-of
1995 2010 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Janelle Nicole Landry v. Theodore Stanley Landry
Tex. App. · 2024 · quote attribution · 1 verbatim quote · confidence high
an appellate court should consider the parties' arguments supporting each point of error and not merely the wording of the points.
discussed Cited as authority (verbatim quote) St. John Missionary Baptist Church, Symphuel Anderson, Beverly Davis, and Patricia Mays v. Merle Flakes, Eloise Square, Mary Jo Evans, Anne Katherine White, and Ella Mae Rollins
Tex. · 2020 · quote attribution · 1 verbatim quote · confidence high
an appellate court should consider the parties' arguments supporting each point of error and not merely the wording of the points.
discussed Cited as authority (verbatim quote) Michael Whitmire v. Greenridge Place Apartments
Tex. App. · 2007 · quote attribution · 1 verbatim quote · confidence high
courts are to construe rules on briefing liberally.
discussed Cited as authority (verbatim quote) Pat K. Speck v. First Evangelical Lutheran Church of Houston, and Dry Bones Coffee House
Tex. App. · 2007 · quote attribution · 1 verbatim quote · confidence high
courts are to construe rules on briefing liberally.
discussed Cited as authority (verbatim quote) Karen French, Nancy French and Kenneth French v. Marvin Leroy Moore
Tex. App. · 2004 · signal: see · quote attribution · 1 verbatim quote · confidence high
an appellate court should consider the parties' arguments supporting each point of error and not merely the wording of the points.
discussed Cited as authority (quoted) Johnson v. Weitzner
Tex. App. · 1995 · signal: see · quote attribution · 1 verbatim quote · confidence high
an appellate court should consider the parties' arguments supporting each point of error and not merely the wording of the points.
discussed Cited as authority (rule) Robert Huber v. ISI Contracting, Inc.
txctapp9 · 2026 · confidence medium
“A brief’s issue statement ‘is sufficient if it directs the attention of the appellate court to the error about which [the] complaint is made.’” Id. (citing Anderson v. Gilbert, 897 S.W.2d 783, 784 (Tex. 1995)).
discussed Cited as authority (rule) Rickye Henderson v. Ali Arabzadegan
txctapp3 · 2026 · confidence medium
R. 38.1(f), an issue statement is sufficient only “if it directs the attention of the appellate court to the error about which [the] complaint is made.” Weekley Homes, LLC v. Paniagua, 646 S.W.3d 821 , 827 (Tex. 2022) (per curiam) (quoting Anderson v. Gilbert, 897 S.W.2d 783, 784 (Tex. 1995)).
discussed Cited as authority (rule) Kristy Berry A/K/A Kristina Marie Gilpin v. Cameron Brickell
Tex. App. · 2025 · confidence medium
R. 38.1(f), an issue statement is sufficient only “if it directs the attention of the appellate court to the error about which [the] complaint is made.” Weekley Homes, LLC v. Paniagua, 646 S.W.3d 821 , 827 (Tex. 2022) (per curiam) (quoting Anderson v. Gilbert, 897 S.W.2d 783, 784 (Tex. 1995)).
discussed Cited as authority (rule) In the Estate of Richard Leon Meankins v. the State of Texas
Tex. App. · 2025 · confidence medium
CODE ANN. §§ 202.201, 202.202; Crowson, 897 S.W.2d at 783; Est. of Harris, No. 02-18-00414-CV, 2019 Tex. App. LEXIS 1563 , 1Phillips also filed a motion to suspend and stay the underlying proceeding and previously filed a motion to suspend all duties, authorities, and powers of the ad litem.
cited Cited as authority (rule) Donald McLean, DM Innovations, LLC, TWWM LLC D/B/A TP Imports and Thunder Pumpkin Imports LLC v. Paradigm SRP LLC D/B/A Drivetanks.com
Tex. App. · 2023 · confidence medium
“An appellate court should consider the parties’ arguments supporting each point of error and not merely the wording of the points.” Anderson v. Gilbert, 897 S.W.2d 783, 784 (Tex. 1995); see St.
cited Cited as authority (rule) In Re: Caroline Meads Brookshire v. the State of Texas
Tex. App. · 2023 · confidence medium
Anderson v. Gilbert, 897 S.W.2d 783, 784 (Tex. 1995).
discussed Cited as authority (rule) Weekley Homes, Llc v. John Paniagua And Hermelinda Maravilla Corona, Jose Camerino Maravilla, Sr., and Margarita Maravilla, Individually, as Personal Representatives of the Estate of Jose Camerino Maravilla, and as Next Friend of S.L.M.S., E.H., L.A.S., and J.J.M., Minors (2×) also: Cited "see"
Tex. · 2022 · confidence medium
A brief’s issue statement “is sufficient if it directs the attention of the appellate court to the error about which [the] complaint is made.” Anderson v. Gilbert, 897 S.W.2d 783, 784 (Tex. 1995).
discussed Cited as authority (rule) John Paniagua And Hermelinda Maravilla Corona and Jose Camerino Maravilla, Sr., Individually, as Personal Representatives of the Estate of Jose Camerino Maravilla v. Weekley Homes, LLC (2×) also: Cited "see"
Tex. App. · 2022 · confidence medium
A brief’s issue statement “is sufficient if it directs the attention of the appellate court to the error about which [the] complaint is made.” Anderson v. Gilbert, 897 S.W.2d 783, 784 (Tex. 1995).
cited Cited as authority (rule) Jalia Stephens, Individually and Guardian of B.S. and S.S., Minors v. Roberto Licea
Tex. App. · 2022 · confidence medium
A point of error is “sufficient if it directs the attention of the appellate court to the error about which complaint is made.” Id. (quoting Anderson v. Gilbert, 897 S.W.2d 783, 784 (Tex. –3– 1995)).
discussed Cited as authority (rule) Christopher Damon Harrell v. State
Tex. App. · 2020 · confidence medium
In determining whether an issue is preserved for our review, we “should consider the parties’ arguments supporting each point of error –12– and not merely the wording of the points.” Anderson v. Gilbert, 897 S.W.2d 783, 784 (Tex. 1995); see St.
discussed Cited as authority (rule) Richard A. Rodriguez v. JPMorgan Chase Bank, N.A.
Tex. App. · 2015 · confidence medium
In Anderson v. Gilbert, 897 S.W.2d 783, 784 (Tex. 1995), the court stated– The court of appeals held that Anderson’s first seven points of error attacked the judgment rather than a specific finding of fact by the trial court, and thus did not present any justiciable question.
discussed Cited as authority (rule) Vicki Ward v. Lamar University, Texas State University System and James Simmons (2×)
Tex. App. · 2015 · confidence medium
Co. v. Bouchet, 963 S.W.2d 52, 54 (Tex. 1998) (“Courts should liberally construe briefing rules.”); Anderson v. Gilbert, 897 S.W.2d 783, 784 (Tex. 1995) (same).
cited Cited as authority (rule) City of Plainview Texas, William Mull, in His Official Capacity as Chief of Police of the City of Plainview Police Department, and Ken Coughlin, Capacity as Chief of Police of the City of Plainview Police Department v. Korey Ferguson
Tex. Crim. App. · 2015 · confidence medium
The notion that a party must as a matter of course object to evidence before Anderson v. Gilbert, 897 S.W.2d 783, 784 (Tex.1995) (per trial is a complete stranger to our procedure.
discussed Cited as authority (rule) Michael Sheldon v. Karen Sheldon
Tex. App. · 2013 · confidence medium
App. P. 38.9; Anderson v. Gilbert, 897 S.W.2d 783, 784 (Tex. 1995) (courts are to construe rules on briefing liberally and consider parties’ arguments and not merely wording of issues).
discussed Cited as authority (rule) Christopher N. Rad v. Brian Calbeck and Lisa Kay Calbeck (2×) also: Cited "see"
Tex. App. · 2011 · confidence medium
App. P. 38.9; Anderson v. Gilbert, 897 S.W.2d 783, 784 (Tex. 1995) (per curiam). 6 lost this job.” At most, this statement creates only a mere surmise or suspicion that Calbeck “stole’” the ADC job.
cited Cited as authority (rule) Christopher N. Rad v. Brian Calbeck and Lisa Kay Calbeck
Tex. App. · 2011 · confidence medium
App. P. 38.9; Anderson v. Gilbert , 897 S.W.2d 783, 784 (Tex. 1995) (per curiam). 7.
cited Cited as authority (rule) Robert Holmes, Jr. v. Tracy Nannette Holmes
Tex. App. · 2010 · confidence medium
App. P. 38.9; Anderson v. Gilbert , 897 S.W.2d 783, 784 (Tex. 1995). 6.
discussed Cited as authority (rule) in Re Elderidge Vanderhorst Hills
Tex. App. · 2010 · confidence medium
App. P. 38.9; Anderson v. Gilbert, 897 S.W.2d 783, 784 (Tex. 1995). 12 Other Terms of Child Support In his fourteenth, fifteenth, and eighteenth through twentieth issues, Holmes challenges other terms of the trial court’s order regarding child support, which are based on provisions of the family code.
cited Cited as authority (rule) LAMESA INDEPENDENT SCHOOL DISTRICT v. Booe
Tex. · 2007 · confidence medium
P. 60.2(d); Anderson v. Gilbert, 897 S.W.2d 783, 785 (Tex.1995).
discussed Cited as authority (rule) Speck v. FIRST EVANGE. LUTH. CHURCH OF HOUSTON
Tex. App. · 2007 · confidence medium
Co. v. Bouchet, 963 S.W.2d 52, 54 (Tex.1998) (“Courts should liberally construe briefing rules.”); Anderson v. Gilbert, 897 S.W.2d 783, 784 (Tex.1995) (“Courts are to construe rules on briefing liberally.”).
discussed Cited as authority (rule) in the Interest of D.A.N. and D.G.N., Jr., Minor Children (2×) also: Cited "see"
Tex. App. · 2006 · confidence medium
App. P. 38.9; Anderson v. Gilbert , 897 S.W.2d 783, 784 (Tex. 1995).
cited Cited as authority (rule) In the Interest of Baby Boy R.
Tex. App. · 2006 · confidence medium
Anderson v. Gilbert, 897 S.W.2d 783, 784 (Tex.1995).
discussed Cited as authority (rule) Kennedy v. State (2×)
Tex. App. · 2006 · confidence medium
A reviewing court "should consider the parties' arguments supporting each point of error and not merely the wording of the points." State v. Garland, 963 S.W.2d 95, 101 (Tex. App.-Austin 1998, pet. denied) (quoting Anderson v. Gilbert, 897 S.W.2d 783, 784 (Tex.1995)) (emphasis added).
cited Cited as authority (rule) Tittizer v. Union Gas Corp.
Tex. · 2005 · confidence medium
Anderson v. Gilbert, 897 S.W.2d 783, 784 (Tex.1995); Holley v. Watts, 629 S.W.2d 694, 696 (Tex.1982).
cited Cited as authority (rule) Ed Rachal Foundation v. D'UNGER
Tex. App. · 2003 · confidence medium
Anderson v. Gilbert, 897 S.W.2d 783, 784 (Tex.1995) (per curiam).
discussed Cited as authority (rule) in the Interest of L.M.I. and J.A.I., Minor Children
Tex. · 2003 · confidence medium
We reject both contentions.”). .Holley v. Watts, 629 S.W.2d 694, 696 (Tex.1982); accord Texas Mexican Ry. v. Bouchet, 963 S.W.2d 52, 54 (Tex.1998) ("Courts should liberally construe briefing rules.”); Anderson v. Gilbert, 897 S.W.2d 783, 784 (Tex.1995) ("Courts are to construe rules on briefing liberally.”); Williams v. Khalaf, 802 S.W.2d 651, 658 (Tex.1990) ("It is our practice to construe points of error liberally in order to adjudicate justly, fairly and equitably the rights of the litigants.
cited Cited as authority (rule) the Ed Rachal Foundation and Paul D. Altheide, Individually v. Claude v. D'Unger
Tex. App. · 2003 · confidence medium
Anderson v. Gilbert , 897 S.W.2d 783, 784 (Tex. 1995) (per curiam).
cited Cited as authority (rule) Candelario Marroquin v. State
Tex. App. · 2003 · confidence medium
Anderson v. Gilbert, 897 S.W.2d 783, 784 (Tex.1995).
cited Cited as authority (rule) Joe L. Alaniz v. Gaylord Hoyt
Tex. App. · 2003 · confidence medium
Anderson v. Gilbert , 897 S.W.2d 783, 784 (Tex. 1995) (per curiam).
cited Cited as authority (rule) Alaniz v. Hoyt
Tex. App. · 2003 · confidence medium
Anderson v. Gilbert, 897 S.W.2d 783, 784 (Tex.1995) (per curiam).
cited Cited as authority (rule) Tarrant County v. Denton County
Tex. App. · 2002 · confidence medium
See Tex.R.App.P. 38.1(e); Silverthorne v. Mosley, 929 S.W.2d 680, 683 (Tex.App.—Austin 1996, writ denied) (citing Anderson v. Gilbert, 897 S.W.2d 783, 784 (Tex.1995)).
cited Cited as authority (rule) Stephenson v. LeBoeuf
Tex. App. · 2000 · confidence medium
Anderson v. Gilbert, 897 S.W.2d 783, 784 (Tex.1995).
cited Cited as authority (rule) Bunton v. Bentley
Tex. App. · 1999 · confidence medium
Anderson v. Gilbert, 897 S.W.2d 783, 784 (Tex.1995). 3 .
cited Cited as authority (rule) In Re Garza
Tex. App. · 1998 · confidence medium
Anderson v. Gilbert, 897 S.W.2d 783, 784 (Tex.1995).
discussed Cited as authority (rule) Maritime Overseas Corp. v. Ellis (2×)
Tex. · 1998 · confidence medium
Anderson v. Gilbert, 897 S.W.2d 783, 784 (Tex.1995) (per curiam) (citations omitted).
discussed Cited as authority (rule) El Paso Natural Gas Co. v. Minco Oil & Gas Co. (2×)
Tex. App. · 1998 · confidence medium
Given this and the Supreme Court directive to liberally apply the briefing rules, Anderson v. Gilbert, 897 S.W.2d 783, 784 (Tex.1995), we must construe the point as encompassing a sufficiency attack.
discussed Cited as authority (rule) Texas Mexican Railway Co. v. Bouchet (2×)
Tex. · 1998 · confidence medium
A point of error is “sufficient if it directs the attention of the appellate court to the error about which complaint is made.” Anderson v. Gilbert, 897 S.W.2d 783, 784 (Tex.1995).
cited Cited as authority (rule) State v. Garland
Tex. App. · 1998 · confidence medium
Anderson v. Gilbert, 897 S.W.2d 783, 784 (Tex.1995). “[A] substantial compliance with these [briefing] rules will suffice in the interest of justice.” Tex.R.App.
cited Cited as authority (rule) State of Texas v. John Garland, Et Ux., Edmond J. Kelarek and Evelyn M. Kelarek James Preston Reichert, Elizabeth Jones Reichert, and Peoples National Bank of Belton Whited Oil Corporation Sam C. Guthrie, Jr., Et Ux. And John T. Cox, Jr., Et Ux.
Tex. App. · 1998 · confidence medium
Anderson v. Gilbert , 897 S.W.2d 783, 784 (Tex. 1995). "[A] substantial compliance with these [briefing] rules will suffice in the interest of justice." Tex. R.
cited Cited as authority (rule) De Prins v. Van Damme
Tex. App. · 1997 · confidence medium
Anderson v. Gilbert, 897 S.W.2d 783, 784 (Tex.1995).
discussed Cited as authority (rule) Silverthorne v. Mosley (2×)
Tex. App. · 1996 · confidence medium
Anderson v. Gilbert, 897 S.W.2d 783, 784 (Tex.1995). “[A] substantial compliance with these [briefing] rules will suffice in the interest of justice.” Tex. RApp.P. 74(p).
cited Cited as authority (rule) Carol B. Silverthorne v. Robert John Mosley and R. John Mosley, P.C.
Tex. App. · 1996 · confidence medium
Anderson v. Gilbert , 897 S.W.2d 783, 784 (Tex. 1995). "[A] substantial compliance with these [briefing] rules will suffice in the interest of justice." Tex. R.
cited Cited as authority (rule) Hall v. Stephenson
Tex. App. · 1996 · confidence medium
Anderson v. Gilbert, 897 S.W.2d 783, 784 (Tex. 1995). 5 .
discussed Cited "see" Camille Cooper, Robert Nevarez, the Orsalo Group, LLC, Larry Cook, and 5th Avenue Acquisitions & Venture Capitalists, LLC v. TCH Altera AHCC, LLC
Tex. App. · 2024 · signal: see · confidence high
See Anderson v. Gilbert, 897 S.W.2d 783, 784 (Tex. 1995) (per curiam) (“An appellate court should consider the parties’ arguments supporting each point of error and not merely the wording of the points.”).
Retrieving the full opinion text from the archive…
Robert L. ANDERSON, Petitioner,
v.
Alvis GILBERT, Respondent
95-0039.
Texas Supreme Court.
Jun 8, 1995.
897 S.W.2d 783
George C. Black, Carl A. Generes, Dallas, for petitioner., Robert W. Buehholz, Dallas, for respondent.
Per Curiam.
Cited by 77 opinions  |  Published
8 passages pin-cited by 12 cases
Pinpoint authority: #4,207 of 633,719
Citer courts: Court of Appeals of Texas (13)
PER CURIAM.

This is an appeal from a judgment awarding the balance owed under a promissory note after the foreclosure sale of an apartment complex. The trial court rendered judgment in the plaintiff’s favor for the deficiency balance. The court of appeals affirmed. — S.W.2d--. We reverse the judgment, and remand to the court of appeals for it to review the defendant’s points of error that it mistakenly failed to address.

The defendant, Robert L. Anderson, was the borrower under a promissory note secured by a deed of trust covering a Dallas apartment complex. The plaintiff, Alvis Gilbert, and Donald J. Gideon were joint payees of the note and joint beneficiaries of the deed of trust. Gideon died in 1985. In August 1987, Anderson defaulted on the note. Gilbert foreclosed on the property in October 1987, and after appointing a substitute trustee, purchased the property. Following Anderson’s complaint about irregularities in the sale, a second foreclosure sale was held in October 1988. Gilbert again purchased the apartment complex. He then brought suit against Anderson in September 1992, claiming a right to the deficiency under the promissory note. Following a bench trial in November 1992, the trial court rendered judgment for Gilbert and against Anderson for $37,087.46 plus interest and attorneys fees. In March 1993, the trial court made findings of fact which included the following:

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5. All Conditions precedent to the acceleration of the note occurred.
6. The Substitute trustee was properly appointed as to the second sale.
7. Proper notice of the second sale was given.
8. That the note was accelerated and notices were given pursuant to the terms of the deed of trust to sell the property
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10. The second sale was a valid and proper sale.
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13. That Alvis Gilbert is the holder and owner of the note and was so at the time of both foreclosure sales.

The trial court repeated the substance of these findings as conclusions of law and added, “Defendant [Anderson] is indebted to the Plaintiff [Gilbert] for the sum of $37,086.46.” Anderson appealed.

In Anderson’s brief to the court of appeals, the first seven points of error asserted that the trial court had “erred in granting judgment for” Gilbert for a number of reasons. The court of appeals held that Anderson’s first seven points of error attacked the judgment rather than a specific finding of fact by the trial court, and thus did not present any justiciable question. — S.W.2d at -. We disagree.

A point of error “is sufficient if it directs the attention of the appellate court to the error about which complaint is made.” Tex.R.App.P. 74(d). Courts are to construe rules on briefing liberally. Tex.R.App.P. 74(p); Williams v. Khalaf, 802 S.W.2d 651, 658 (Tex.1990) (citing Sterner v. Marathon Oil Co., 767 S.W.2d 686, 690 (Tex.1989), and Holley v. Watts, 629 S.W.2d 694, 696 (Tex. 1982)). An appellate court should consider the parties’ arguments supporting each point of error and not merely the wording of the points. Pool v. Ford Motor Co., 715 S.W.2d[*785] 629, 633 (Tex.1986) (citing Holley, 629 S.W.2d at 696).

Under his first four points of error, Anderson alleged the evidence did not support that Gilbert alone had the right to procure appointment of a substitute trustee, cause a foreclosure sale to be executed, and sue Anderson for the deficiency. Specifically, Anderson’s appellant’s brief attacked the legal and factual sufficiency of the evidence on whether Gideon or his widow had assigned his rights under the note and deed of trust to Gilbert. Anderson referred several times to there being “no evidence” to support Gilbert’s claimed right to bring suit against him for deficiency under the note. He claimed the evidence as to whether Gideon’s widow assigned the note to Gilbert was “fatally defective” because the contrary evidence was “overwhelming.” We construe Anderson’s first four points of error as challenges to fact findings 6, 10, and 13, and to the quoted conclusion of law.

Anderson’s sixth, seventh, and eighth points of error and argument also attacked the trial court’s fact findings. Anderson argued that the foreclosure sale was wrongful because of Gilbert’s failure to satisfy the conditions precedent in the deed of trust. Anderson argued, for example, that he did not receive adequate notice of the foreclosure sale and that the substitute trustee lacked authority to perform a valid sale since the sale occurred less than twenty-one days after the trustee’s appointment. We construe Anderson’s complaints under these points of error as disputing fact findings 5, 6, 7, and 8.

We hold that the court of appeals erred in overruling Anderson’s first seven points of error without considering their merits. In this circumstance, this Court has two options. Either we can examine the merits of the case to determine if any ground supports the court of appeal’s judgment, or we can remand for the court of appeals to pass on points not considered. First Baptist Church v. Bexar County Appraisal Review Bd., 833 S.W.2d 108, 111 (Tex.1992) (citing Coulson & Cae, Inc. v. Lake L.B.J. Mun. Util. Dist., 734 S.W.2d 649, 652 (Tex.1987)), cert. denied, — U.S.— , 114 S.Ct. 1221, 127 L.Ed.2d 567 (1994). In this case, the court of appeals failed to examine the evidence in light of Anderson’s legal and factual sufficiency challenges to the fact findings. Consequently, we think it best serves the goal of judicial economy to remand this case to the court of appeals for it to consider all unaddressed points. See id. Pursuant to Rule 170 of the Texas Rules of Appellate Procedure, a majority of this Court grants Anderson’s application for writ of error and without hearing oral argument reverses the judgment and remands this cause to the court of appeals for consideration of the first seven points of error in Anderson’s appellant’s brief.