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DeLima v. DeLima

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
Jun 30, 2017
NO. 03-17-00024-CV (Tex. App. Jun. 30, 2017)

Opinion

NO. 03-17-00024-CV

06-30-2017

Joaquim Alves DeLima, Appellant v. Adalex Agar DeLima, Appellee


FROM THE DISTRICT COURT OF TRAVIS COUNTY, 126TH JUDICIAL DISTRICT
NO. D-1-FM-14-000881 , HONORABLE SCOTT H. JENKINS, JUDGE PRESIDING MEMORANDUM OPINION

Joaquim Alves DeLima appeals the trial court's summary judgment in favor of his ex-wife, Adalex Agar DeLima, on his petition for bill of review seeking to set aside a divorce decree rendered in a prior cause of action initiated by Adalex and awarding to her all of the community property except for the personalty then in Joaquim's possession or control. However, Joaquim's three-page appellate brief merely recites his contentions that he met the requirements for relief by bill of review without making any arguments attacking the merits of the trial court's summary judgment in favor of Adalex. See Canton-Carter v. Baylor Coll. of Med., 271 S.W.3d 928, 931 (Tex. App.—Houston [14th Dist.] 2008, no pet.) (holding that appellant's issues on appeal do not meet briefing requirements because they did not identify any error allegedly committed by trial court or attack merits of its summary judgment). Because Joaquim's brief wholly fails to identify any issues explaining why the trial court allegedly erred in granting Adalex summary judgment and does not provide any citations to the record or to any authorities supporting the trial court's alleged erroneous summary judgment, he presents nothing for our review. See Tex. R. App. P. 38.1; Fredonia State Bank v. General Am. Life Ins. Co., 881 S.W.2d 279, 284-85 (Tex. 1994) (holding that appellate courts have discretion to deem issues waived due to inadequate briefing). Accordingly, we affirm the trial court's summary judgment.

For clarity, we refer to the parties by their first names.

/s/_________

David Puryear, Justice Before Justices Puryear, Pemberton, and Goodwin Affirmed Filed: June 30, 2017


Summaries of

DeLima v. DeLima

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
Jun 30, 2017
NO. 03-17-00024-CV (Tex. App. Jun. 30, 2017)
Case details for

DeLima v. DeLima

Case Details

Full title:Joaquim Alves DeLima, Appellant v. Adalex Agar DeLima, Appellee

Court:TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

Date published: Jun 30, 2017

Citations

NO. 03-17-00024-CV (Tex. App. Jun. 30, 2017)