1

In The

Court of Appeals

Ninth District of Texas at Beaumont

___________________

NO. 09-12-00471-CV 

___________________

JAMES DONALD EBARB, Appellant

V.

MORIAN KAHLA, ATTORNEYS AT LAW, Appellee 

_________________________________________________________________ _

On Appeal from the 1st District Court

Jasper County, Texas

Trial Cause No. 32486

_________________________________________________________________ _

MEMORANDUM OPINION

This is an appeal from a default judgment entered in a suit for breach of a 

contract to pay for legal services. We affirm the trial court’s judgment.

Appellee Morian Kahla, Attorneys at Law, L.L.P. (“Morian”) filed suit 

against appellant James Donald Ebarb, in which Morian contended it represented 

Ebarb in a criminal case in Newton County, and that Ebarb failed to pay the 

outstanding balance of attorney’s fees due in the amount of $4000 under the terms 

of the parties’ contract. Morian also pleaded that it had demanded payment, but 
2

Ebarb had refused to pay the balance due. Morian requested general damages in 

the amount of $4000, pre-judgment and post-judgment interest, attorney’s fees, and 

costs of suit. Attached to Morian’s petition was a citation and return that showed 

Ebarb had been personally served with the lawsuit. Morian also filed a certificate 

of Ebarb’s last known mailing address. In addition, the appellate record contains a 

letter from Morian to Ebarb, in which Morian asked Ebarb “to let us know if you 

will come in and sign the Assignment we have prepared stating that you intend to 

pay the attorney’s fee that you owe us out of your portion of your mother’s estate.” 

When Ebarb failed to file an answer or otherwise appear in the case, the trial 

court conducted a hearing, at which William Morian stated on the record that the 

remaining principal amount due for attorney’s fees was $3900, which gave Ebarb 

“the credits and offsets that he should have for payments that he made[.]” After the 

hearing, the trial judge signed a default judgment in favor of Morian for $3900 as 

the principal amount due, attorney’s fees of $500 if Ebarb did not appeal, court 

costs of $369.95, and interest in the amount of 5% per year. Morian also requested 

and obtained an abstract of judgment. Ebarb filed a “motion for appeal,” in which 

he pointed out that he had made two payments of $50 each, which reduced the 

principal amount owed from $4000 to $3900, and indicated that he would continue 

to pay $50 per month. 
3

In his pro se brief, Ebarb neither sets forth any appellate issues nor cites to 

any authorities or the appellate record. See Tex. R. App. P. 38.1(f), (i) (Briefs must 

state the issues presented for review and contain appropriate citations to authorities 

and to the record.); Amir-Sharif v. Hawkins, 246 S.W.3d 267, 270 (Tex. App.—

Dallas 2007, pet. dism’d) (A pro se litigant must comply with applicable laws and 

rules of procedure, and a court “cannot speculate as to the substance of”

appellant’s issues when they are inadequately briefed.). We therefore affirm the 

trial court’s default judgment.

AFFIRMED.

______________________________

 STEVE McKEITHEN

 Chief Justice

Submitted on June 10, 2013

Opinion Delivered June 27, 2013

Before McKeithen, C.J., Kreger and Horton, JJ.