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Stewart v. El Paso County Sheriff's Dep't and Health Care Provider

Although appellate courts liberally construe briefs by pro se litigants, courts must hold them to the same standards as licensed attorneys and require them to comply with all applicable laws and rules of procedure. When a party fails to cite to the record or to legal authority in its brief, nothing is presented for review. Because appellant's brief fails to comply with several sections of Rule 38.1 of the Texas Rules of Appellate Procedure, the El Paso Court of Appeals overruled appellant's issues as inadequately briefed. El Paso Court of Appeals, No. 08-09-00270-CV, 09-24-2010

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OPINION

Mr. Stewart appeals the trial court’s decision to grant Defendants El Paso County Sheriff’s Department and Health Care Provider, et al.’s motions to dismiss his case under Chapter 14 of the Texas Civil Practices and Remedies Code. Mr. Stewart has, however, inadequately briefed his arguments according to the requirements established in Rule 38.1 of the Texas Rules of Appellate Procedure, we will affirm the trial court’s judgment.

Mr. Stewart, an inmate incarcerated at O.B. Ellis Unit, Huntsville, Texas, filed a pro se negligence suit against the El Paso County Sheriff’s Department, and a second entity which Mr. Stewart identifies as “Health Care Provider.” Mr. Stewart alleged that he was inadequately treated for injuries to his back sustained from a fall while in the care of the El Paso County Sheriff’s Department and the “Health Care Provider.” Both defendants filed motions to dismiss the case. The court granted both motions to dismiss on August 27, 2009, finding that the claim asserted by Mr. Stewart was “frivolous or malicious within the meaning of section 14.003 of the Civil Practice & Remedies Code.”

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