Texas Ct Reverses Statutory Probate Court’s Order Because There Was No Record

In Smith v. Malone, events litigated the propriety of sure transactions in an property continuing earlier than a statutory probate courtroom. No. 01-19-00266-CV, 2020 Tex. App. LEXIS 4622 (Tex. App.—Houston [1st Dist.] June 23, 2020, no pet. historical past). At trial, the property’s consultant requested for a document, however the courtroom refused. After there was an opposed judgment, the consultant appealed and asserted, amongst different arguments, that the judgment should be reversed because of the failure of the trial courtroom to make a transcript of the proof. Then courtroom of appeals agreed. The courtroom first mentioned the final necessities for trial courts to make a document:

Part 52.046(a) of the Authorities Code positioned the duty on Scott, not the probate courtroom, to make sure that a courtroom reporter recorded oral testimony. See Tex. Gov’t Code § 52.046(a) (requiring an official courtroom reporter to take full shorthand notes of oral testimony “on request”). An official courtroom reporter should take full shorthand notes of oral testimony “on request.” Id. § 52.046(a). As Smith notes, Part 52.046(d) of the Authorities Code creates an exception to the “on request” language present in 52.046(a). Subsection (d) mandates {that a} “choose of a county courtroom or county courtroom at legislation shall appoint an authorized shorthand reporter to report the oral testimony given in any contested probate matter in that choose’s courtroom.” Id. § 52.046(d).

The courtroom then addressed whether or not this rule utilized to statutory probate courts:

The Estates Code defines the generic time period “courtroom” to incorporate “a courtroom created by statute and approved to train unique probate jurisdiction.” Tex. Estates Code § 22.007(a)(2). The Code supplies that the phrases “county courtroom” and “probate courtroom” are synonymous and each embrace “a courtroom created by statute and approved to train unique probate jurisdiction.” Id. § 22.007(b)(2). The Estates Code defines a “statutory probate courtroom” as “a courtroom created by statute and designated as a statutory probate courtroom underneath Chapter 25 [of the] Authorities Code. For functions of this code, the time period doesn’t embrace a county courtroom at legislation exercising probate jurisdiction until the courtroom is designated a statutory probate courtroom underneath Chapter 25 [of the] Authorities Code.” Id. § 22.007(c). [A] plain studying of those statutory provisions leads us to conclude it does [apply to statutory probate courts]. A statutory probate courtroom is a courtroom created by statute and approved to train unique probate jurisdiction. See id. §§ 22.007(c), 32.002(c). As such, a statutory probate courtroom meets the definition of a “county courtroom.” Id. § 22.007(b)(2). And the Authorities Code directs {that a} choose of a “county courtroom . . . shall appoint an authorized shorthand reporter to report the oral testimony given in any contested probate matter in that choose’s courtroom.” Tex. Gov’t Code § 52.046(d)…

Id. The courtroom concluded that the requirement of a courtroom reporter was obligatory on the statutory probate courtroom, and because the courtroom didn’t have a reporter, the error required reversal.

Fascinating Observe: A celebration ought to all the time request a document for any evidentiary listening to. When no reporter’s document is filed, a courtroom of appeals should assume the proof helps the trial courtroom’s ruling and summarily affirm. Bryant v. United Shortline Inc. Assurance Servs., 972 S.W.second 26, 31 (Tex. 1998). So, if a celebration desires to problem a trial courtroom’s ruling or judgment based mostly on evidentiary complaints, it should current a document of the proof to the courtroom of appeals. Because of this the Malone opinion is so essential. If a statutory probate courtroom might deny a celebration the precise to a document, even when requested, then the courtroom would successfully eviscerate any proper of appellate evaluate. A choose could like that, however it isn’t truthful and never due course of.

Additional, a celebration eager to problem the trial courtroom’s ruling on an evidentiary matter also needs to request findings of truth and conclusions of legislation. When no findings of truth and conclusions of legislation are filed, a courtroom of appeals should presume the trial courtroom made all the required findings to help its judgment. Roberson v. Robinson, 768 S.W.second 280, 281 (Tex. 1989). This may increasingly appear slightly counter-intuitive: why would a shedding occasion need the trial courtroom to clarify why the occasion misplaced? I’ve had many attorneys (even good ones) make this actual level. However, if the trial courtroom doesn’t enter findings, the appellate courtroom will presume that the shedding occasion misplaced on all problems with truth. So, categorical findings can’t make it any worse and sure will help the shedding occasion in some respect. It must be talked about {that a} occasion has a proper to findings and conclusions after a bench trial if the occasion correctly preserves that proper, which could be a little difficult. A celebration doesn’t have a proper to findings and conclusions after an interlocutory order, however a trial courtroom can enter findings and conclusions after such an order and sometimes does when requested. So, a celebration who desires to problem an interlocutory order also needs to request findings and conclusions.