can result waiver (Texas) · Go Syfert
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can result waiver in Texas

10 Texas opinions name it 3 courts 2021–2026 10 in the last five years

The cases below were cited by Texas courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (5)

CaseFollowedCited
Rsl Funding, LLC and Rsl Special-Iv Limited Partnership v. Rickey Newsomegreen
tex · 2018 · cited in 10 Texas opinions naming this issue, 2021–2026
2 sentences

2026Nevertheless, “[a] brief must provide citations or argument and analysis for the contentions[,] and failure to do this can result in waiver.” RSL Funding, LLC v. Newsome, 569 S.W.3d 116, 126 (Tex. 2018) (citing TEX.

2025Luke’s Episcopal Hosp., 462 S.W.3d 496, 500 (Tex. 2015) (“Failure to provide citations or argument and analysis as to an appellate issue may waive it.”).5 But Bertucci’s appellate brief did assert arguments on the B-W entities’ behalf.6 Bertucci explicitly argued in his brief that he had “standing to assert his derivative claims” and that 5 See also RSL Funding, LLC v. Newsome, 569 S.W.3d 116, 126 (Tex. 2018) (“A brief must provide citations or argument and analysis for the contentions and failure to do this can result in waiver.”).

1010
Holley v. Adamsgreen
tex · 1976 · cited in 2 Texas opinions naming this issue, 2022–2022
2 sentences

2022See In re L.E.R., 650 S.W.3d 771 , 789 (Tex. App.—Houston [14th Dist.] 2022, no pet.) (concluding parent waived challenge to best- interest finding because conclusory analysis of Holley factors “presents no legal argument” (citing Holley v. Adams, 544 S.W.2d 367 , 371–72 (Tex. 1976))); see also In re E.P., No. 10-22-00086-CV, 2022 WL 2977479 , at *4 (Tex. App.—Waco July 27, 2022, no pet.) (“Citations to the record and legal authorities are required in order to adequately present an issue on appeal.”); S.S. v. Texas Dep’t of Fam. & Protective Servs., No. 03-22-00123-CV, 2022 WL 2500337 , at *7

2022See Holley v. Adams, 544 S.W.2d 367, 371-72 (Tex. 1976) (best-interest factors include child’s wishes and present and future needs, present and future danger posed to child, parenting skills of those seeking custody, programs available to assist those individuals to promote child’s best interest, plans for child’s future, stability of home or proposed placement, parent’s conduct that might show inappropriate parent-child relationship, and any excuses for parent’s conduct); see also In re C.H., 89 S.W.3d 17, 27 (Tex. 2002) (Holley 16 v. Newsome, 569 S.W.3d 116, 126 (Tex. 2018) (“A brief must pr

22
United States v. Olanogreen
scotus · 1993 · cited in 1 Texas opinions naming this issue, 2025–2025
1 sentence

2025In truth, “[w]aiver may actually be the wrong term; it may be more accurate to call this forfeiture.” Roccaforte v. Jefferson County, 341 S.W.3d 919 , 929 n.20 (Tex. 2011) (Willett, J., concurring in part); see also United States v. Olano, 507 U.S. 725, 733 (1993) (“Waiver is different from forfeiture.

11
Lezlea Ross v. St. Luke's Episcopal Hospitalgreen
tex · 2015 · cited in 1 Texas opinions naming this issue, 2025–2025
1 sentence

2025Luke’s Episcopal Hosp., 462 S.W.3d 496, 500 (Tex. 2015) (“Failure to provide citations or argument and analysis as to an appellate issue may waive it.”).5 But Bertucci’s appellate brief did assert arguments on the B-W entities’ behalf.6 Bertucci explicitly argued in his brief that he had “standing to assert his derivative claims” and that 5 See also RSL Funding, LLC v. Newsome, 569 S.W.3d 116, 126 (Tex. 2018) (“A brief must provide citations or argument and analysis for the contentions and failure to do this can result in waiver.”).

11
In Re CHgreen
tex · 2002 · cited in 1 Texas opinions naming this issue, 2022–2022
1 sentence

2022See Holley v. Adams, 544 S.W.2d 367, 371-72 (Tex. 1976) (best-interest factors include child’s wishes and present and future needs, present and future danger posed to child, parenting skills of those seeking custody, programs available to assist those individuals to promote child’s best interest, plans for child’s future, stability of home or proposed placement, parent’s conduct that might show inappropriate parent-child relationship, and any excuses for parent’s conduct); see also In re C.H., 89 S.W.3d 17, 27 (Tex. 2002) (Holley 16 v. Newsome, 569 S.W.3d 116, 126 (Tex. 2018) (“A brief must pr

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Texas. Read the followed side critically anyway.

Also cited on this issue (2)

CaseCitedYears
Roccaforte v. Jefferson County green
tex · 2011
1 sentence

2025In truth, “[w]aiver may actually be the wrong term; it may be more accurate to call this forfeiture.” Roccaforte v. Jefferson County, 341 S.W.3d 919 , 929 n.20 (Tex. 2011) (Willett, J., concurring in part); see also United States v. Olano, 507 U.S. 725, 733 (1993) (“Waiver is different from forfeiture.

12025–2025
Tyson v. Texas procedural
scotus · 2019
1 sentence

2025P. 38.1(i) (requiring argument section of the appellant’s brief to contain “a clear and concise argument for the contentions made, with appropriate citation to authorities and to the record.”); RSL Funding, LLC v. Newsome, 569 S.W.3d 116, 126 (Tex. 2018) (“A brief must provide citations or argument and analysis for the contentions and failure to do this can result in waiver.”), cert. denied, 140 S. Ct. 196 (2019). -5- 04-24-00384-CV of the delay in prosecuting his case was reasonably explained by his second lawyer’s health issues, which “required numerous periods out of the office for treatmen

12025–2025

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