law-appeal-incomplete-record | common errors on appeal

CONSEQUENCES OF INCOMPLETE RECORD ON APPEAL

Points of error dependent on the state of the evidence cannot be reviewed absent a complete record. Dob’s
Tire & Auto Ctr. v. Safeway Ins. Agency, 923 S.W.2d 715, 720 (Tex. App.—Houston [1st Dist.] 1996, writ dism’
d w.o.j.).  The burden is on the party appealing from a judgment to see that a sufficient record is presented to
show error requiring reversal. Nicholson v. Fifth Third Bank, 226 S.W.3d 581, 583 (Tex. App.—Houston [1st
Dist.] 2007, no pet.); see Christiansen v. Prezelski, 782 S.W.2d 842, 843 (Tex. 1990) (per curiam). If a party
does not meet his burden and raises a point of error on appeal that involves matters omitted from the record,
his actions prevent an appellate court from adequately addressing the issue. Aguero v. Aguero, 225 S.W.3d
236, 237 (Tex. App.—El Paso 2006, no pet.). Because Matthews has not supplied this Court with a statement
of facts with which to review the trial court’s determination of deemed income from the Partnership in
calculating his child support obligation, we hold Matthews has waived review of his issue.
Matthews v. McCall Northrup (pdf) (Tex.App.- Houston [1st Dist.] Jan. 14, 2009)(Jennings)
(
child support determination of amount)
Because Matthews has not supplied this Court with a statement of facts with which to review the trial court’s determination of
deemed income from the Partnership in calculating his child support obligation, we hold Matthews has waived review of his
issue.
AFFIRM TC JUDGMENT: Opinion by Justice Jennings  
Before Justices Jennings, Higley and Sharp   
01-09-00063-CV Matthew A. Matthews v. Elizabeth McCall Northrup   
Appeal from 245th District Court of Harris County
Trial Court Judge:
Hon. Annette Kuntz   

But more significantly, the Cantus have failed to present a complete record on appeal.  It was the Cantus'
burden as appellants to furnish this court with a record supporting their allegations of error.  See Christiansen
v Prezelski, 782 S.W.2d 842, 843 (Tex. 1990); Simon v. York Crane & Rigging Co., 739 S.W.2d 793, 795
(Tex. 1987).  Generally, absent a complete record of the proceedings, reviewing courts must presume that
the evidence before the trial judge was adequate to support the decision.  In re D.A.P., 267 S.W.3d 485, 487
(Tex. App.-Houston [14th Dist.] 2008, no pet.) (citing Simon, 739 S.W.2d at 795).  On appeal, we have a
clerk's record, a partial record of the hearing on the motion to declare the Cantus vexatious litigants, and a
record of a hearing on February 27, 2008, after the trial court had signed its order declaring the Cantus
vexatious litigants but before the case was dismissed.  Thus, we lack a complete record of the hearing on the
motion at issue.
Cantu v. Dominguez (Tex.App.- Houston [14th Dist] Sep. 10, 2009)(Brown)
(
vix lit no security posted, lawsuit against attorney, jurisdictional limits of county court)
AFFIRMED: Opinion by
Justice Brown   
Before Justices Seymore, Brown and Sullivan  
14-08-00156-CV  Tony Cantu and Elsa Cantu v. Ben Dominguez   
Appeal from County Civil Court at Law No 4 of Harris County
Trial Court Judge:
Roberta Anne Lloyd
it is apparent that the hearing on Dominguez's motion to declare the Cantus vexatious litigants was an
evidentiary hearing at which considerable testimony was taken and many exhibits were admitted; yet, we have
only that portion of the record the Cantus chose to present - the excerpt containing Tony Cantu's cross-
examination of Dominguez.  In the absence of a complete record, we must presume that adequate evidence
was presented at the hearing to support the trial court's order.  See Simon, 739 S.W.2d at 794-95; In re D.A.
P., 267 S.W.3d at 487-88.[7]  Therefore, we cannot hold that the trial court's order was an abuse of discretion.

Speck v. First Evangelical Lutheran Church of Houston (Tex.App.- Houston [1st Dist.] Dec. 3, 2009)(Bland)
(
construction law, nonpayment claim for services, quantum meruit, unjust enrichment, sworn account, JNOV)
(
insufficient record for appeal)
AFFIRM TC JUDGMENT: Opinion by
Justice Bland  
Before Chief Justice Radack, Justices Bland and Massengale    
01-09-00605-CV  Pat K. Speck v. First Evangelical Luthern Church of Houston and Dry Bones Coffee House
Inc. and Dry Bones Coffee House    
Appeal from County Civil Court at Law No 2 of Harris County
Trial Court Judge:  
Jacqueline Lucci-Smith

Yazdchi v. Walker (Tex.App.- Houston [1st Dist.] May 7, 2009)(Keyes)
(
motion for continuance, incomplete clerk's record on appeal)
AFFIRM TC JUDGMENT: Opinion by
Justice Keyes   
Before Justices Jennings, Keyes and Higley  
01-05-00177-CV  Abbas Yazdchi, Habibollah Yazdchi, and Ahmad Yazdchi v. Ted L. Walker, Tammy Tran,
and Pete Mai  
Appeal from
County Civil Court at Law No 4 of Harris County
Trial Court Judge:  Hon. Roberta Lloyd

Garza v. Reed (Tex. App. - Houston [14th Dist.] Jul. 7, 2009)(Hudson) (DTPA claim against insurer of
complained-of business fails on summary judgment; misrepresentation as to insurance coverage of buy-back
guarantee)(
no-evidence summary judgment affirmed) (motion to transfer venue for convenience)
In their first issue, appellants argue the Hidalgo county trial court erred in granting the motion to transfer
venue.  Our record does not contain the motion to transfer venue or the response, but we take as true
statements of fact in briefs unless the opposing party contradicts them.  See Tex. R. App. P. 38.1(g).     
AFFIRMED: Opinion by
Justice Hudson     
Before Chief Justice Hedges, Justices Hudson and Frost   
14-08-00211-CV Joe M Garza, Pay Phone Owners Legal Fund, and Ernest R. Bustos v. Jack P. Reed and
Houston Surplus Lines, Inc.    
Appeal from 434th Judicial District Court of Fort Bend County


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