appellant assigns error in Texas

2026Justice, 95 S.W.3d 676, 681 (Tex. App.—Houston [1st Dist.] 2002, no pet.) (“[I]f an independent ground fully supports the complained-of ruling or judgment, but the appellant assigns no error to that independent ground, then 14 (1) we must accept the validity of that unchallenged independent ground . . . and thus (2) any error in the grounds challenged on appeal is harmless because the unchallenged independent ground fully supports the complained-of ruling or judgment.”).

2026“The reasoning is that, if an independent ground fully supports the complained-of ruling or judgment, but the appellant assigns no error to that independent ground, then (1) we must accept the validity of that unchallenged independent ground, and thus (2) any error in the grounds challenged on appeal is harmless because the unchallenged independent ground fully supports the complained-of ruling or judgment.” Id. (citation omitted).

2024LLC v. Angiano, 295 S.W.3d 422, 424 (Tex. App.—Dallas 2009, no pet.) (“If an independent ground fully supports the complained-of ruling or judgment, but the appellant assigns no error to that independent ground, we must accept the validity of that unchallenged independent ground, and thus any error in 6 the grounds challenged on appeal is harmless because the unchallenged independent ground fully supports the complained-of ruling or judgment.”).

2024LLC v. Angiano, 295 S.W.3d 422, 423 (Tex. App.—Dallas 2009, no pet.) (“An appellant must attack all independent bases or grounds that fully support a complained of ruling or judgment.”). “[I]f an independent ground may fully support the complained-of ruling or judgment, but the appellant assigns no error to that independent ground, then we ‘must accept the validity of that unchallenged independent ground and thus any error in the grounds challenged on appeal is harmless because the unchallenged independent ground fully supports the complained-of ruling or judgment.’” S.W. ex rel.

2020If an independent ground fully supports the complained-of ruling or judgment, but the appellant assigns no error to that independent ground, we must accept the validity of that unchallenged independent ground, see Walling v. Metcalfe, 863 S.W.2d 56, 58 (Tex. 1993), and thus any error in the grounds challenged on appeal is harmless because the unchallenged independent ground fully supports the complained-of ruling or judgment.

2010If an independent ground fully supports the complained-of ruling or judgment, but the appellant assigns no error to that independent ground, then (1) we must accept the validity of that unchallenged independent ground, see Walling , 863 S.W.2d at 58 , and thus (2) any error in the grounds challenged on appeal is harmless because the unchallenged ground fully supports the complained-of ruling or judgment.

2026S.W. ex rel A.W. v. Arlington ISD, 435 S.W.3d 414, 419 (Tex. App.—Fort Worth 2014, no pet.) (holding, in an appeal from an order granting a plea to the jurisdiction, that if an independent ground may fully support the complained-of ruling or judgment, but the appellant assigns no error to that independent ground, then we “must accept the validity of that unchallenged independent ground . . . and thus . . . any error in the grounds challenged on appeal is harmless because the unchallenged independent ground fully supports the complained-of ruling or judgment.” (quoting Britton v. Tex. Dep’t of

2021Dist., 435 S.W.3d 414, 419 (Tex. App.—Fort Worth 2014, no pet.) (“[I]f an independent ground may fully support the complained-of ruling or judgment, but the appellant assigns no error to that independent ground, then we ‘must accept the validity of that unchallenged independent ground . . . and thus . . . any error in the grounds challenged on appeal is harmless because the unchallenged independent ground fully supports the complained-of ruling or judgment.’” (quoting Britton v. Texas Dep’t of Criminal Justice, 95 S.W.3d 676, 681 (Tex. 7 plaintiff lacks standing to bring any of his claims, the

2010LLC v. Angiano, 295 S.W.3d 422, 423 (Tex.App.-Dallas 2009, no pet.) ("If an independent ground fully supports the complained-of ruling or judgment, but the appellant assigns no error to that independent ground, we must accept the validity of that unchallenged independent ground, and thus any error in the grounds challenged on appeal is harmless because the unchallenged independent ground fully supports the complained-of ruling or judgment."); see also Kelly v. Klein, 827 S.W.2d 609, 611 (Tex.App.-Houston [14th Dist.] 1992, no writ) (citing *191 Midway Nat'l Bank of Grand Prairie, Tex. v. W.

2010LLC v. Angiano, 295 S.W.3d 422, 423 (Tex. App.–Dallas 2009, no pet.) (“If an independent ground fully supports the complained-of ruling or judgment, but the appellant assigns no error to that independent ground, we must accept the validity of that unchallenged independent ground, and thus any error in the grounds challenged on appeal is harmless because the unchallenged independent ground fully supports the complained-of ruling or judgment.”); see also Kelly v. Klein, 827 S.W.2d 609, 611 (Tex. App.–Houston [14th Dist.] 1992, no writ) (citing Midway Nat’l Bank of Grand Prairie, Tex. v. W.

2010Tex. Wholesale Supply Co., 453 S.W.2d 460, 461 (Tex.1970); Tex. Dep't of Human Res. v. Orr, 730 S.W.2d 435, 436 (Tex.App.-Austin 1987, no writ)).

2010Tex. Wholesale Supply Co., 453 S.W.2d 460, 461 (Tex. 1970); Tex. Dep’t of Human Res. v. Orr, 730 S.W.2d 435, 436 (Tex. App.–Austin 1987, no writ)).

2010Tex. Wholesale Supply Co., 453 S.W.2d 460, 461 (Tex.1970); Tex. Dep't of Human Res. v. Orr, 730 S.W.2d 435, 436 (Tex.App.-Austin 1987, no writ)).

2010Tex. Wholesale Supply Co., 453 S.W.2d 460, 461 (Tex. 1970); Tex. Dep’t of Human Res. v. Orr, 730 S.W.2d 435, 436 (Tex. App.–Austin 1987, no writ)).

2022LLC v. Angiano, 295 S.W.3d 422, 424 (Tex. App.—Dallas 2009, no pet.) (“If an independent ground fully supports the complained-of ruling or judgment, but the appellant assigns no error to that independent ground, we must accept the validity of that unchallenged independent ground, and thus any error in the grounds challenged on appeal is harmless because the unchallenged independent ground fully supports the complained-of ruling or judgment.”); Sellers, 199 S.W.3d at 391 (“Because the record in this case does not contain formal findings of fact or conclusions of law and the dismissal order does

2022LLC v. Angiano, 295 S.W.3d 422, 424 (Tex. App.—Dallas 2009, no pet.) (“If an independent ground fully supports the complained-of ruling or judgment, but the appellant assigns no error to that 8 independent ground, we must accept the validity of that unchallenged independent ground, and thus any error in the grounds challenged on appeal is harmless because the unchallenged independent ground fully supports the complained-of ruling or judgment.”); cf. Sellers, 199 S.W.3d at 391 (“Because the record in this case does not contain formal findings of fact or conclusions of law and the dismissal orde

2021John Missionary Baptist Church v. Flakes, 595 S.W.3d 211 , 213 (Tex. 2020) (per curiam) (providing that if the appellant fails to challenge all possible grounds, the reviewing court must accept the validity of the unchallenged grounds and affirm the adverse ruling); U.S. Lawns, Inc. v. Castillo, 347 S.W.3d 844, 846 (Tex. App.—Corpus Christi–Edinburg 2011, pet. denied); see also Perez-Montes v. Live Oak Constr., Inc., No. 13-13-00674-CV, 2015 WL 2352423 , at *2 (Tex. App.—Corpus Christi–Edinburg May 14, 2015, no pet.) (mem. op.) (“If an independent ground fully supports the complained-of ruling

2013Gamboa v. Gamboa, 383 S.W.3d 263, 274 (Tex. App.—San Antonio 2012, no pet.); In re Elamex, 367 S.W.3d 879 , 890 n.8 (Tex. App.—El Paso 2012, orig. proceeding) (“An issue raised for the first time in a reply brief is waived and need not be considered by an appeals court.”); U.S. Lawns, Inc. v. Castillo, 347 S.W.3d 844, 849 (Tex. App.—Corpus Christi 2011, pet. denied) (noting that, “[b]y attacking the merits of the unchallenged ground in its reply brief, [appellant] is attempting to circumvent the briefing rules”).

2019If an independent ground fully supports the complained-of ruling, but the appellant assigns no error to that ground, we must accept the validity of that unchallenged independent ground, and thus any error in the grounds challenged on appeal is harmless.7 Id.; San Antonio Press, Inc. v. Custom Bilt Mach., 852 S.W.2d 64, 65 (Tex. App.—San Antonio 1993, no Appellate courts have applied this rule in a variety of contexts.

2016In sum, “[a]n appellant must attack all independent grounds that fully support an adverse ruling; if he fails to do so, then [the appellate court] must affirm that ruling.” Wolf v. City of Mission, No. 13-12-00737-CV, 2013 WL 7864086 , at *2 (Tex. App.—Corpus Christi Aug. 29, 2013, no pet.) (internal citations omitted); see also Nobility Homes of Tex., Inc. v. Shivers, 557 S.W.2d 77, 83 (Tex. 1977); Lacy v. Jackson, No. 13-11-00364-CV, 2012 WL 432698 , at *2 (Tex. App.—Corpus Christi Feb. 9, 2012, no pet.); Gross v. Carroll, 339 S.W.3d 718, 723 (Tex. App.—Houston [1st Dist.] 2011, no pet.); Fo

2010Id. at 424; Secure Comm, Inc. v. Anderson , 31 S.W.3d 428, 430-31 (Tex. App.--Austin 2000, no pet.) ("Where a judgment may rest upon more than one ground, the party aggrieved by the judgment must assign error to each ground or the judgment will be affirmed on the ground to which no complaint is made.

2010Id. at 424; Secure Comm, Inc. v. Anderson, 31 S.W.3d 428, 430-31 (Tex. App.—Austin 2000, no pet.) (“Where a judgment may rest upon more than one ground, the party aggrieved by the judgment must assign error to each ground or the judgment will be affirmed on the ground to which no complaint is made.

2019Id. (citing Oliphant, 295 S.W.3d at 423–24; Prater v. State Farm Lloyds, 217 S.W.3d 739 , 740–41 (Tex. App.—Dallas 2007, no pet.)).

2018LLC v. Angiano, 295 S.W.3d 422 , 423–24 (Tex. App.—Dallas 2009, no pet.) (“If an independent ground fully supports the complained-of ruling or judgment, but the appellant assigns no error to that independent ground, we must accept the validity of that unchallenged independent ground, and thus any error in the grounds challenged on appeal is harmless because the unchallenged independent ground fully supports the complained-of ruling or judgment.”); Prater v. State Farm Lloyds, 217 S.W.3d 739 , 740–41 (Tex. App.–Dallas 2007, no pet.) (“When a separate and independent ground that supports a rulin

2023See Oliphant Fin., 295 S.W.3d at 423–24; Britton, 95 S.W.3d at 681 ; see also In re A.K.P., No. 06-19-00075-CV, 2020 WL op.) (where appellant filed supplemental brief raising issues not raised in his appellant’s brief, declining to consider those issues); Wilson v. State, 811 S.W.2d 700, 702 (Tex. App.—Houston [14th Dist.] 1991, pet. ref’d) (“A point of error raised for the first time in a supplemental brief is not properly presented for appellate review.”). 20 465281, at *2 (Tex. App.—Texarkana Jan. 29, 2020, no pet.) (mem. op.) (“When an appellant fails to challenge an alternate basis for th

2021Id. at 424 ; see also Malooly Bros., Inc. v. Napier, 461 S.W.2d 119, 121 (Tex. 1970).

2021See Van Der Linden v. Khan, 535 S.W.3d 179, 203 (Tex. App.—Fort Worth 2017, pet. denied) (“The TCPA provides for dismissal of actions, not remedies.”); see also Bui v. Dangelas, No. 01-18-01146-CV, 2019 WL 5151410 , at *5-6 (Tex. App.—Houston [1st Dist.] Oct. 15, 2019, pet. denied) (mem. op.). 20 order is rendered harmless where there is an unchallenged, alternate basis for the appealed order.” Akhtar, 525 S.W.3d at 819 ; see Angiano, 295 S.W.3d at 423 (“If an independent ground fully supports the complained-of ruling or judgment, but the appellant assigns no error to that independent ground,

2021See Van Der Linden v. Khan, 535 S.W.3d 179, 203 (Tex. App.—Fort Worth 2017, pet. denied) (“The TCPA provides for dismissal of actions, not remedies.”); see also Bui v. Dangelas, No. 01-18-01146-CV, 2019 WL 5151410 , at *5-6 (Tex. App.—Houston [1st Dist.] Oct. 15, 2019, pet. denied) (mem. op.). 20 order is rendered harmless where there is an unchallenged, alternate basis for the appealed order.” Akhtar, 525 S.W.3d at 819 ; see Angiano, 295 S.W.3d at 423 (“If an independent ground fully supports the complained-of ruling or judgment, but the appellant assigns no error to that independent ground,

2020Britton v. Tex. Dep’t of Criminal Justice, 95 S.W.3d 676 , 681–82 (Tex. App.—Houston [1st Dist.] 2002, no pet.) (holding that when a trial court grants, without specifying grounds, a plea to the jurisdiction that is based on multiple grounds, and the appellant does not challenge each ground, the court of appeals must affirm on the unchallenged ground); see also Deadmon, 347 S.W.3d at 445 (“Because appellant has not challenged all of the grounds alleged in the plea to the jurisdiction which could, if meritorious, support the order granting the plea, we overrule appellant’s sole issue.”).

2016In sum, “[a]n appellant must attack all independent grounds that fully support an adverse ruling; if he fails to do so, then [the appellate court] must affirm that ruling.” Wolf v. City of Mission, No. 13-12-00737-CV, 2013 WL 7864086 , at *2 (Tex. App.—Corpus Christi Aug. 29, 2013, no pet.) (internal citations omitted); see also Nobility Homes of Tex., Inc. v. Shivers, 557 S.W.2d 77, 83 (Tex. 1977); Lacy v. Jackson, No. 13-11-00364-CV, 2012 WL 432698 , at *2 (Tex. App.—Corpus Christi Feb. 9, 2012, no pet.); Gross v. Carroll, 339 S.W.3d 718, 723 (Tex. App.—Houston [1st Dist.] 2011, no pet.); Fo

2016In sum, “[a]n appellant must attack all independent grounds that fully support an adverse ruling; if he fails to do so, then [the appellate court] must affirm that ruling.” Wolf v. City of Mission, No. 13-12-00737-CV, 2013 WL 7864086 , at *2 (Tex. App.—Corpus Christi Aug. 29, 2013, no pet.) (internal citations omitted); see also Nobility Homes of Tex., Inc. v. Shivers, 557 S.W.2d 77, 83 (Tex. 1977); Lacy v. Jackson, No. 13-11-00364-CV, 2012 WL 432698 , at *2 (Tex. App.—Corpus Christi Feb. 9, 2012, no pet.); Gross v. Carroll, 339 S.W.3d 718, 723 (Tex. App.—Houston [1st Dist.] 2011, no pet.); Fo

2016In sum, “[a]n appellant must attack all independent grounds that fully support an adverse ruling; if he fails to do so, then [the appellate court] must affirm that ruling.” Wolf v. City of Mission, No. 13-12-00737-CV, 2013 WL 7864086 , at *2 (Tex. App.—Corpus Christi Aug. 29, 2013, no pet.) (internal citations omitted); see also Nobility Homes of Tex., Inc. v. Shivers, 557 S.W.2d 77, 83 (Tex. 1977); Lacy v. Jackson, No. 13-11-00364-CV, 2012 WL 432698 , at *2 (Tex. App.—Corpus Christi Feb. 9, 2012, no pet.); Gross v. Carroll, 339 S.W.3d 718, 723 (Tex. App.—Houston [1st Dist.] 2011, no pet.); Fo

2013See Bever Props., L.L.C. v. Jerry Huffman Custom Builder, L.L.C., 355 S.W.3d 878, 885 (Tex. App.—Dallas 2011, no pet.); Torres v. Johnson, 91 S.W.3d 905 , 908 n.3 (Tex. App.—Fort Worth 2002, no pet.). 5 complained-of judgment but the appellant assigns no error to that independent ground, then an appellate court must “accept the validity of that unchallenged independent ground,” and therefore, “any error in the grounds challenged on appeal is harmless because the unchallenged independent ground fully supports the complained-of ruling or judgment”).

2013Gamboa v. Gamboa, 383 S.W.3d 263, 274 (Tex. App.—San Antonio 2012, no pet.); In re Elamex, 367 S.W.3d 879 , 890 n.8 (Tex. App.—El Paso 2012, orig. proceeding) (“An issue raised for the first time in a reply brief is waived and need not be considered by an appeals court.”); U.S. Lawns, Inc. v. Castillo, 347 S.W.3d 844, 849 (Tex. App.—Corpus Christi 2011, pet. denied) (noting that, “[b]y attacking the merits of the unchallenged ground in its reply brief, [appellant] is attempting to circumvent the briefing rules”).