Carla Bouvier v. Doyce Elaine Thompson, Geray Williams, and Judy Shofu

Summary

The Texas Court of Appeals, Second Appellate District, affirmed the trial court’s take-nothing judgment in Carla Bouvier’s claims concerning an alleged inheritance from Ezelle Williams Smother. The court held that Bouvier failed to preserve her complaint regarding DNA testing, could not show that the trial court denied a no-evidence summary judgment motion that was not in the appellate record, and waived her limitations arguments through inadequate briefing and lack of supporting evidence.

Holdings

1. Bouvier failed to preserve her complaint concerning DNA testing because the record did not show that she set the motion for hearing, did not contain an order denying the motion, and did not contain an objection to the trial court's failure to rule.
2. The trial court did not err by denying Bouvier's alleged no-evidence motion because the record did not reflect that she filed such a motion.
3. Bouvier failed to show that the discovery rule, equitable tolling, DNA testing, or any other limitations-avoidance theory prevented application of the statutes of limitations to her claims; summary judgment for Williams on limitations grounds was therefore proper.

Questions Presented

1. Whether Bouvier preserved her complaint concerning the trial court's failure to grant or rule on her motion to compel DNA testing.
2. Whether the trial court erred by denying Bouvier's alleged no-evidence summary-judgment motion when the record contained no such motion.
3. Whether the applicable statutes of limitations barred Bouvier's claims, or whether the discovery rule or equitable tolling raised a fact issue preventing summary judgment.

Disposition

affirmed