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Gary Michael Hendrick v. Cynthia Elaine Jarvis
Citation: Not availableDocket: 04-09-00755-CV
Court: Court of Appeals of Texas; September 15, 2010; Texas; State Appellate Court
Original Court Document: View Document
The case involves an appeal by Gary Michael Hendrick against a default protective order issued in favor of Cynthia Elaine Jarvis, his former wife. Jarvis filed for the protective order on September 8, 2009, alleging family violence by Hendrick. He was notified of a hearing set for September 24, 2009, but failed to appear, citing financial constraints for travel and legal representation. Consequently, the trial court issued the protective order, finding that Hendrick had committed family violence and that such violence was likely to occur again, as defined under Section 85.001 of the Texas Family Code. The order prohibited Hendrick from committing further acts of violence against Jarvis and from communicating with her or her family. Hendrick’s appeal was complicated by deficiencies in his original brief, which lacked appropriate citations and legal authority, failing to comply with Texas Rule of Appellate Procedure 38.1. Although he submitted an amended brief, it did not address these deficiencies. The court highlighted that pro se litigants are held to the same standards as attorneys and must follow procedural rules to ensure fairness in the legal process. Hendrick's amended brief primarily denied the allegations and speculated on Jarvis's motivations without providing legal support for his claims. As a result, the court concluded that he inadequately briefed his appeal and waived the issues presented. The trial court's judgment was ultimately affirmed.