Janet Lou Douglass v. Gilberto C. Torrez and Ercilia J. Torrez

Summary

The Texas Court of Appeals, Second District, affirmed a take-nothing judgment against Janet Lou Douglass in her trespass and related tort claims against neighboring property owners. The court held that it could not review Douglass’s appellate issues because she failed to provide a reporter’s record of the bench trial, requiring the court to presume that the evidence supported the trial court’s judgment.

Holdings

1. The appellate court could not review the challenged contempt, continuance, trespass, or intentional-infliction-of-emotional-distress issues on the scant record because the record lacked the trial testimony necessary to evaluate the alleged errors and the sufficiency of the evidence.

Questions Presented

1. Whether the trial court erred by failing to hold Gilberto Torrez in contempt for alleged perjury.
2. Whether the trial court erred by denying Douglass's motion for continuance after the alleged perjury.
3. Whether the evidence established that Gilberto Torrez trespassed on Douglass's property.
4. Whether the evidence established intentional infliction of emotional distress based on an alleged attempted assault.

Disposition

affirmed