Nikki Murray v. The County of Wilbarger, Texas

Summary

The Seventh Court of Appeals of Texas affirmed the denial of Nikki Murray’s bill of review challenging a default judgment and resulting tax sale. The court held that Murray’s uncorroborated testimony that she did not receive notice of the final hearing was insufficient to overcome the presumption of proper notice, particularly where the underlying court file contained a properly addressed and mailed notice. The court also held that any challenge to judicial notice was unpreserved and that the omitted underlying file independently supported affirmance.

Holdings

1. A plaintiff seeking a bill of review based on lack of notice must affirmatively prove the absence of notice and cannot overcome the presumption of proper notice with only uncorroborated testimony that notice was not received.
2. The trial court was authorized to take judicial notice of the entire file in the underlying case, including the notice of trial setting.
3. When evidence considered by the trial court is omitted from the appellate record, the appellate court presumes that the missing material supports the judgment, and the appellant bears the burden of bringing forward a sufficient record.
4. Because no timely findings of fact or conclusions of law were filed, the court could affirm the judgment on any legal theory supported by the evidence.

Questions Presented

1. Whether Murray established lack of notice of the January 19, 2022 final hearing sufficient to obtain a bill of review.
2. Whether the trial court could rely on the underlying case file and take judicial notice of the notice of trial setting.
3. Whether proof of service was required to support the default judgment at trial.
4. Whether the trial court erred by refusing to reverse the tax sale and default judgment for lack of due process.

Disposition

affirmed