No briefing waiver by appellee

Originally published by David Coale.

To the right, Pikachu is waving, but the appellee in King Aerospace, Inc. v. King Aviation Dallas was not waiving, as the Fifth Court observed:

In its reply brief, KAC contends Randall’s responsive brief on appeal, filed pro se, “provides nothing for this Court to review” because it fails to cite to the appellate record or legal authority. In his response, Randall informed the Court he was unable to find appellate counsel and he submitted his trial counsel’s post-trial brief as his response to KAC’s appellate arguments. KAC, as the appellant, has the burden to show grounds for reversal on appeal.  Randall, as appellee, was not required to file a brief for us to review what was presented to the trial court; thus, he cannot be said to have committed “waiver” due to inadequate briefing. 

No. 05-19-00245-CV (April 30, 2020) (mem. op.) (citation omitted, emphasis added).

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