TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-16-00248-CV
Jose A. Soliz, Appellant
v.
Home Depot, USA, Inc., Appellee
FROM THE DISTRICT COURT OF WILLIAMSON COUNTY, 26TH JUDICIAL DISTRICT
NO. 15-0400-C26, HONORABLE DONNA GAYLE KING, JUDGE PRESIDING
MEMORANDUM OPINION
Jose Soliz appeals a final judgment of the district court that dismissed, for want
of jurisdiction, a suit he had filed against appellee Home Depot USA, Inc.1 We will affirm
the judgment.
The gist of Soliz’s suit is that Home Depot acted negligently in failing to require
proof of identification from a third party who had fraudulently used Soliz’s credit card number to
make a fifty-dollar purchase at a Home Depot store. Although Soliz filed with his petition a letter
from his credit-card company indicating that the fifty-dollar purchase was never charged to his
account, he sought five million dollars in damages for “mental anguish” he claims to have
1
Soliz has acted pro se both below and on appeal. We are bound to apply the same
substantive and procedural standards to him as we do with litigants represented by counsel, lest we
afford him an unfair advantage merely because he is pro se. See Mansfield State Bank v. Cohn,
573 S.W.2d 181, 184–85 (Tex. 1978).
experienced during a period in which his account was allegedly “frozen,” plus exemplary damages,
pre- and post-judgment interest, attorney’s fees, and court costs. Home Depot filed a general denial
and moved to dismiss Soliz’s suit for failure to satisfy the $500 minimum amount in controversy
required to invoke the district court’s subject-matter jurisdiction.2 Home Depot argued that its
liability would be statutorily limited to fifty dollars3 and that Soliz could not, in any event, recover
mental-anguish damages under the circumstances here.4 Following a hearing on Home Depot’s
motion,5 the district court signed a final judgment order granting the motion and dismissing Soliz’s
case for want of jurisdiction.
Soliz attempted to perfect an appeal by filing a “Justice Court Appeal Bond.” This
Court responded with a letter to Soliz advising that he should file, by a specified deadline, an
amended notice of appeal that complies with Rule 25.1 of the Rules of Appellate Procedure.6 Our
2
See Tex. Gov’t Code § 24.007.
3
See 15 U.S.C. §§ 1643, 1693g.
4
Namely, Home Depot contended that Soliz’s “claims are purely economic, [he] was not
physically injured, no special relationship existed between [Soliz] and [Home Depot], and this is not
a bystander claim.” See, e.g., City of Tyler v. Likes, 962 S.W.2d 489, 496 (Tex. 1997) (“Without
intent or malice on the defendant’s part, serious bodily injury to the plaintiff, or a special relationship
between the two parties, we permit recovery for mental anguish in only a few types of cases
involving injuries of such a shocking and disturbing nature that mental anguish is a highly
foreseeable result. These include suits for wrongful death, . . . and actions by bystanders for a close
family member’s serious injury.” (citations omitted)).
5
No additional evidence was presented at the hearing.
6
See Tex. R. App. P. 25.1.
2
letter informed Soliz that his failure to comply “may result in dismissal for want of jurisdiction.”7
Soliz did not file an amended notice of appeal, and that failure would permit us to dismiss his appeal
and leave the district court’s judgment undisturbed.8
Regardless, Soliz does not present any argument on appeal that would demonstrate
reversible error. His only argument that is conceivably material to the grounds for dismissal is a
contention that his alleged damages are “reasonable.”9 Yet Soliz does not engage the controlling
issues—why his alleged mental-anguish damages would be recoverable under Texas law or how his
damages actually recoverable (if any) would satisfy the $500 jurisdictional minimum for Texas
district courts. Nor does Soliz cite to any authorities other than a list of cases that he perceives to
relate to the issue of venue, which is not contested here. Soliz has failed to demonstrate any
reversible error in the district court’s judgment.10
7
Our records further reflect that following a subsequent phone call from Soliz, our Clerk
sent Soliz an e-mail forwarding “the request for amended notice of appeal that he said he never
received.”
8
See id. R. 42.3(a), (c) (authorizing court to dismiss appeal or affirm appealed judgment on
its own initiative, after ten days’ notice to all parties, if the appeal is subject to dismissal for want
of jurisdiction, or “because the appellant has failed to comply with . . . a notice from the clerk
requiring a response or other action within a specified time”).
9
We understand Soliz’s brief as asserting three arguments: (i) his suit correctly identified
Home Depot as a party, (ii) venue and jurisdiction were proper in Williamson County, and (iii) the
damages he sought were “reasonable.”
10
See also Tex. R. App. P. 38.1(i) (“The brief must contain a clear and concise argument for
the contentions made, with appropriate citations to authorities and to the record.”); Fredonia State
Bank v. General Am. Life Ins. Co., 881 S.W.2d 279, 284 (Tex. 1994) (appellate court has discretion
to conclude that issues are waived due to inadequate briefing and is not required to allow appellant
opportunity to amend inadequate brief); Ware v. Estate of Simpson, No. 03-14-00083-CV, 2015 Tex.
App. LEXIS 12840, at *18 (Tex. App.—Austin Dec. 22, 2015, no pet.) (mem. op.) (“Bare assertions
of error, without argument or authority, waive error.” (citation omitted)).
3
We affirm the judgment.
__________________________________________
Bob Pemberton, Justice
Before Justices Puryear, Pemberton, and Field
Affirmed
Filed: July 19, 2017
4