Proctor v. White, 155 S.W.3d 438 (Tex. App.—El Paso 2004, pet. denied).
Shortly after Proponents filed Testator’s will for probate,
Contestants asserted that Testator lacked testamentary capacity and was
subject to undue influence. The appellate court affirmed the trial
court’s grant of a summary judgment in favor of Proponents. Contestants,
many of whom were Testator’s children upset that Testator had left
property to his wife, their step-mother, did not adequately brief the
issue on appeal. Instead of referring to relevant cases or legal
principles, they simply included pages of references to depositions and
documents filed in the clerk’s record. The court concluded that
Contestants waived their claim that the summary judgment was improper
because it was not adequately briefed.
Moral: To overturn a trial court’s grant of summary judgment, the
appealing party should brief the issue thoroughly and include references
to the applicable cases and legal principles.