Kimberly Ann Smith v. Andrew G. Dixon and Lauren M. Dixon

Summary

The Texas Seventh Court of Appeals affirmed a summary judgment in favor of neighboring property owners in a dispute involving alleged violations of restrictive covenants, negligence, nuisance, and requests for injunctive relief. The court held that Kimberly Ann Smith inadequately briefed her appellate issues and therefore waived them.

Holdings

1. Smith waived all appellate issues because her brief failed to present substantive argument supported by appropriate citations to legal authority and the record.
2. The court did not disturb the trial court's interpretation that the restrictive covenant provided for only one automatic ten-year extension and therefore expired on January 1, 1985.

Questions Presented

1. Whether Smith adequately briefed and preserved appellate complaints concerning the restrictive covenant, negligence, nuisance, and related claims.
2. Whether the trial court correctly interpreted the restrictive covenant as expiring on January 1, 1985.

Disposition

affirmed