Brian Jacob Cole v. Lindsey Renee Cole

Summary

This memorandum opinion addresses Brian Jacob Cole’s pro se appeal from a final divorce decree entered by the 271st District Court of Wise County, Texas. The court considers twelve issues, including attorney withdrawal, jurisdiction, due process, jury-trial waiver, judicial disqualification, briefing deficiencies, and property division. The court affirms the trial court’s judgment, largely concluding that the issues were unpreserved, inadequately briefed, unsupported by the record, or without merit.

Holdings

1. Brian failed to show that he had standing to complain about the withdrawal of Lindsey's attorney because he identified no injury to himself and cited no authority establishing such standing.
2. Brian failed to show that the trial court lacked jurisdiction over the divorce suit.
3. Brian waived his third issue because his briefing did not identify a discernible legal challenge supported by appropriate authority and record citations.
4. Brian's due-process complaint was unpreserved and unsupported by the appellate record.
5. Brian waived his cumulative-error issue because he failed to identify the alleged combined errors or provide adequate legal and record-based analysis.
6. Brian failed to show that the trial court's delay in signing the decree rendered it void.
7. Brian failed to demonstrate reversible error under Texas Rule of Civil Procedure 18a because the referenced motions were not included in the appellate record and their grounds were not articulated.
8. Brian forfeited his perfected right to a jury trial by failing to object before the bench trial began and by participating in the hearing before raising the jury demand.
9. Brian waived his claims of judicial retaliation, bias, prejudice, and obstruction because he provided only generalized assertions without adequate analysis or record citations.
10. Brian failed to show that the trial court abused its discretion by awarding Lindsey the investment property or that the marital estate was divided in a manner that was not just and right.
11. Brian waived his claims concerning fraud and parental alienation because his briefing consisted of generalized assertions without adequate explanation, legal analysis, or record citations.

Questions Presented

1. Whether Brian had standing to complain about the withdrawal of Lindsey's attorney.
2. Whether the trial court lacked jurisdiction because of an alleged failure to make a Title IV-D referral.
3. Whether the final decree was void or reversible because of allegedly insufficient evidence, missing findings, or an improper evidentiary burden.
4. Whether Brian preserved a due-process complaint concerning alleged restraints at the final hearing.
5. Whether Brian adequately briefed a cumulative-error claim.
6. Whether the delay in signing the final decree rendered it void.
7. Whether the trial court reversibly erred by failing to refer alleged motions to disqualify or recuse the judge.
8. Whether Brian forfeited his perfected right to a jury trial by failing to object before and during the beginning of the bench trial.
9. Whether Brian adequately briefed claims of judicial retaliation, bias, or prejudice.
10. Whether Brian adequately briefed a claim that court records were improperly withheld.
11. Whether Brian showed that the division of the marital estate was not just and right or constituted an abuse of discretion.
12. Whether Brian adequately briefed claims of fraud and parental alienation.

Disposition

affirmed