law-witness-credibility impeachment of testimony

the fact-finder is the sole judge of the credibility of the witnesses and the weight to be given their testimony.
Golden Eagle Archery, Inc. v. Jackson, 116 S.W.3d 757, 761 (Tex. 2003).

In a bench trial, the trial court is the sole judge of the credibility of the witnesses and may take into consideration
all the facts and surrounding circumstances in connection with the testimony of each witness and accept or reject
all or any part of that testimony. Nelson v. Najm, 127 S.W.3d 170, 174 (Tex.App.-Houston [1st Dist.] 2003, pet.
denied).

DETERMINING WITNESS CREDIBILITY: JUDGE OR JURY

The trier of fact is the sole judge of the credibility of the witnesses and the weight to be
given their testimony.  City of Keller v. Wilson, 168 S.W.3d 802, 819 (Tex. 2005).The trier
of fact may choose to believe one witness and disbelieve another and this court cannot
impose its own opinion to the contrary.  Id. Therefore, the trial court did not err in
choosing to believe the towing company's owner on the issue of insurance.  
Badaiki v. Tia Smith, Overhaulin Tow Company (Tex.App.- Houston [14th Dist.] Sep. 24, 2009)(per curiam)
(
nonconsent tow of vehicle, tow hearing in Justice court, appeal from JP court)
AFFIRMED: Per Curiam     
Before Justices Brock Yates, Frost and Brown   
14-08-00224-CV  Fidelis Badaiki v. Tia Smith, Rita Casey, Overhaulin Tow Company
and West Houston Auto Storage    
Appeal from County Civil Court at Law No 3 of Harris County
Trial Court Judge:
Linda Storey


The trier of fact is the sole judge of the credibility of the witnesses and the weight to be given to their testimony.  
GTE Mobilnet of S. Tex. v. Pascouet, 61 S.W.3d 599, 615–16 (Tex. App.—Houston [14th Dist.] 2001, pet.
denied).  We may not substitute our own judgment for that of the trier of fact, even if we would reach a different
answer on the evidence.  Maritime Overseas Corp. v. Ellis, 971 S.W.2d 402, 407 (Tex. 1998).  The amount of
evidence necessary to affirm a judgment is far less than that necessary to reverse a judgment.  Pascouet, 61 S.
W.3d at 616.
Teel v. Shifflett (Tex.App.- Houston [14th Dist.] Feb. 23, 2010)(Frost)
(
protective order against ex-girlfriend, same household finding affirmed, constitutional challenge not properly
presented, intimate partner finding
not supported by the pleadings or tried by consent)
AFFIRMED AS MODIFIED: Opinion by
Justice Frost     
Before Justices Brock Yates, Frost and Brown    
14-08-00836-CV Ashleigh Elise Teel v. Kenneth Richard Shifflett   
Appeal from
309th District Court of Harris County
Trial Court Judge: David D. Farr
Concurring Opinion by Justice Brock Yates in Teel v. Shifflett (no right to jury trial in suit for protective
order under family code)         


The credibility of witnesses in a divorce action, including the husband and wife, is solely under the purview of the
trial court, not an appellate court.  Zagorski v. Zagorski, 116 S.W.3d 309, 318 (Tex. App.—Houston [14th Dist.]
2003, pet. denied) (op. on reh’g).  Here, the trial court resolved the disputed evidence in Barry’s favor.  Based on
our review of record, the evidence is sufficient to support finding of fact 12.d.
Jensen v. Jensen (Tex.App.- Houston [14th Dist.] Feb. 23, 2010)(Brown) (divorce property division, foreign
spouse, international aspects of family/divorce law)((divorce property division affirmed) (community vs. separate
property, reimbursement claim)
AFFIRMED: Opinion by
Justice Jeff Brown     
Before Justices Brock Yates, Frost and Brown    
14-08-00221-CV  Tammy C. Jensen v. Barry Dale Jensen   
Appeal from 328th District Court of Fort Bend County
Trial Court Judge: Ronald R. Pope



Barber v. Bison Building Materials (Tex.App.- Houston [14th Dist.] Nov.  4, 2008)(Boyce)
(
one-vehicle truck accident PI negligence suit by driver against employer, admission of evidence, witness
credibility, impeachment)
AFFIRMED: Opinion by Justice Boyce  
Before Justices Brock Yates, Seymore and Boyce
14-07-00566-CV  Marcus Barber v. Bison Building Materials, Ltd.
Appeal from 334th District Court of Harris County
Trial Court
Judge: Sharon McCally


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