Unreported / Non-Citable
Background
Barry and Yolanda Percelle sued Freedom Mortgage Corporation and Real Star Property Management in the Western District of Texas. The district court granted both defendants’ motions for summary judgment and dismissed the Percelles’ claims.
On appeal, the Percelles challenged the denial of their motion for a temporary restraining order, the district court’s treatment of Real Star’s allegedly late response following removal, and the court’s asserted failure to address spoliation, concealment, removal defects, and a state-court bond.
The Court’s Holding
The Fifth Circuit affirmed. It held that the Percelles forfeited any argument that the district court erred by granting summary judgment based on their failure to respond to the defendants’ summary-judgment motions.
The court further held that, even construing the pro se briefing liberally, the Percelles abandoned the issues they identified on appeal because they did not brief them adequately as required by Federal Rule of Appellate Procedure 28(a)(8)(A). The court therefore did not reach the substantive merits of those issues.
Key Takeaways
- An appellant may forfeit a challenge to summary judgment by failing to present that argument on appeal.
- Pro se litigants receive liberal construction of their filings but must still brief appellate issues adequately.
- Merely identifying alleged errors without developed argument is insufficient to preserve them for appellate review.
Why It Matters
The decision underscores that appellate review depends on properly developed briefing. Even potentially substantive objections involving injunctive relief, procedure after removal, or evidence preservation will not be considered when appellants fail to explain their arguments and support them as the appellate rules require.