Anthony Moore v. Jo Ann Moore

Summary

The Fourth Court of Appeals of San Antonio affirmed a final divorce decree dividing the marital estate and awarding spousal maintenance. Because the appellant failed to request and pay for the reporter’s record, the court presumed that the evidence supported the trial court’s judgment and overruled his challenges to the property division, maintenance award, and related findings.

Holdings

1. When an appellant fails to provide a reporter's record necessary to review the evidence supporting the judgment, the appellate court must presume that the evidence supports the trial court's judgment and cannot review evidentiary sufficiency or alleged harmful error.
2. The judgment could not be reversed on Moore's challenges to the division of the marital estate because the missing reporter's record required the court to presume that the evidence supported the trial court's determinations.

Questions Presented

1. Whether the appellate court could review Moore's challenges to the grounds for divorce, spousal maintenance, characterization and division of property, calculation of federal military retirement benefits, and evidentiary sufficiency without a reporter's record.
2. Whether the trial court abused its discretion in dividing the marital estate.
3. Whether any alleged mischaracterization of property or other legal error warranted reversal absent a reporter's record demonstrating harm.

Disposition

affirmed