Summary
holding that appellant failed to preserve error in court reporter's failure to make record of trial by failing to object
Summary of this case from Reyes v. Credit Based AssetOpinion
No. 11-04-00300-CV
Opinion filed October 13, 2005.
On Appeal from the County Court Brown County, Texas, Trial Court Cause No. CIV08131.
Panel consists of: WRIGHT, C.J., and McCALL, J., and STRANGE, J.
MEMORANDUM OPINION
This is a forcible entry and detainer case. Ramona Ellis originally sued Elizabeth Meredith in the justice court. The justice court found in favor of Ellis and entered a judgment for rent and costs against Meredith for $192. Meredith appealed to the county court who determined that Meredith's right to possession of the premises had been properly terminated by Ellis and that Meredith owed Ellis rent in the amount of $1,200. Meredith appeals. We affirm.
In her brief, Meredith contends that a court reporter should have been present at the time the hearing was conducted. Meredith also argues that the judgment was "a little harsh and wrong" and that the trial court's ruling resulted in a violation of her rights under U.S. CONST. amend. 14.
In its corrected judgment signed on December 28, 2004, the county court stated that the parties waived a jury and that a written record was not made of the proceedings. Meredith did not object that a written record was not made of the proceedings and cannot now challenge the failure of the court reporter to record the proceedings. TEX.R.APP.P. 33.1(a); Rittenhouse v. Sabine Valley Center Foundation, Inc., 161 S.W.3d 157 (Tex.App.-Texarkana 2005, no pet'n).
The record before this court reflects that Meredith had rented the premises from Ellis. Meredith had agreed to pay $150 on the 15th and 30th of every month. On July 16, 2004, Ellis gave Meredith written notice that, if Meredith did not pay the rent that was due by midnight on July 17, Ellis would begin eviction proceedings. In a letter dated July 16, 2004, Meredith informed Ellis that, as soon as Ellis made the repairs that Meredith requested, Ellis could "have" the agreed bi-monthly rental payments. On July 26, 2004, Ellis filed a sworn complaint in the justice court alleging that Meredith owed $191 in rent. The justice court entered its judgment on August 19, 2004. The county court heard the dispute on December 7, 2004, at which time, under the parties agreement, the total rent due equaled $191 owed on July 26 plus $150 owed on July 30 and $1,200 owed for the months of August through November of 2004.
The record before this court does not support Meredith's contentions on appeal. All of Meredith's arguments on appeal have been considered, and each is overruled.
The judgment of the trial court is affirmed.