Allegheny Cas. Co. v. State
| Decision Date | 07 April 2005 |
| Docket Number | No. 08-03-00226-CV.,08-03-00226-CV. |
| Citation | 163 S.W.3d 220 |
| Parties | ALLEGHENY CASUALTY CO. (Agent Alberto J. De La Chica, Jr. d/b/a La Chica II Bail Bonds), Appellant, v. The STATE of Texas, Appellee. |
| Court | Texas Supreme Court |
Louis Elias Lopez, Attorney At Law, El Paso, for Appellant.
Jose R. Rodriguez, County Atty., El Paso, for Appellee.
Before Panel No. 4 BARAJAS, C.J., LARSEN, and McCLURE, JJ.
This is an appeal from the trial court's entry of a final judgment finding a bond forfeiture in which Appellee was granted final forfeiture of a bail bond of $1,500 against Appellant. For the reasons stated herein, we affirm.
The substantive facts in this case are not disputed. The criminal defendant-principal Jorge Rios Renteria, a citizen of Mexico, applied for admission to the United States on February 24, 2002 as a non-immigrant visitor. At that time, he was found to be smuggling approximately forty-six pounds of marijuana into the United States. He was paroled1 into the United States for prosecution proceedings related to the smuggling. He was indicted by the State of Texas on March 19, 2002 and charged with the felony of possession of marijuana in the quantity of more than five pounds but less than fifty pounds. The principal, Jorge Renteria, secured an appearance bond in the amount of $1,500 on March 1, 2002 with Appellant as surety. The effect of the issuance of the bond is that the principal is authorized by law to be released by the Sheriff. Because the principal in this case is a Mexican national who had been paroled into the United States for a temporary purpose, the Immigration and Naturalization Service (INS) had filed a detainer with the Sheriff which provided that upon release from incarceration, the individual would be released to the INS and taken to an INS facility for holding until his return to Mexico. In conjunction with his parole into the United States for the criminal prosecution, the Honorable Gary Burkholder, immigration judge, issued an Order of Removal providing for removal from the United States to Mexico for the reason that the immigration officer believed him to be a trafficker of controlled substances. The issuance of a bond triggered his release to INS and subsequent removal from the United States.
On May 8, 2002, the principal failed to appear at his hearing to answer the felony drug possession charges pending against him. On May 13, 2002, the trial court issued a Judgment Nisi. A hearing on the Judgment Nisi was held on March 6, 2003, the trial court received evidence from both the Appellant and the Appellee and reviewed the exhibits and trial briefs filed by both parties. On March 26, 2003, the trial court issued an order stating "[t]he case will be held in abatement until April 9, 2003 at 5 pm to produce Mr. Renteria by use of `parol' [sic] or other method." A Final Order on Judgment Nisi was entered on April 16, 2003 finding that the bond of $1,500 should be forfeited. Appellant did not request findings of fact or conclusions of law.
In two issues for review, Appellant challenges the court's granting of the bond forfeiture claiming that a bail bond surety is not liable for a bail bond when the principal is deported2 prior to the time that the principal is to appear in court. Appellant's second issue asserts that liability of a bonding company for a bond forfeiture is excused by a finding of uncontrollable circumstances and that the fact of federal deportation is sufficient for a finding of excuse under Texas Code of Criminal Procedure Article 22.13. We read these issues as a challenge to the sufficiency of the evidence to support the trial court's non-finding of deportation of the principal as a defense to a bond forfeiture case as a matter of law. Similarly, we construe both issues as attacking the trial court's non-finding of uncontrollable circumstances as an affirmative defense to the bond forfeiture liability for the reason that the principal had been deported as a matter of law.
A "no evidence" or legal insufficiency point is a question of law which challenges the legal sufficiency of the evidence to support a particular fact finding. There are two separate "no evidence" claims. When the party having the burden of proof suffers an unfavorable finding,3 the point of error challenging the legal sufficiency of the evidence should be that the fact or issue was established as "a matter of law." When the party without the burden of proof suffers an unfavorable finding, the challenge on appeal is one of "no evidence to support the finding." In re Estate of Livingston, 999 S.W.2d 874, 879 (Tex.App.-El Paso 1999, no pet.); see Creative Manufacturing, Inc. v. Unik, Inc., 726 S.W.2d 207, 210 (Tex.App.-Fort Worth 1987, writ ref'd n.r.e.).
When attacking the legal sufficiency of the evidence to support an adverse finding on an issue for which he had the burden of proof, i.e., challenging the trial court's finding as a matter of law, the appellant must demonstrate on appeal that the evidence conclusively established all the vital facts in support of the issue. In re Estate of Livingston, 999 S.W.2d at 879; Sterner v. Marathon Oil Company, 767 S.W.2d 686, 690 (Tex.1989); Kratz v. Exxon Corp., 890 S.W.2d 899, 902 (Tex.App.-El Paso 1994, no writ); Chandler v. Chandler, 842 S.W.2d 829, 832 (Tex.App.-El Paso 1992, writ denied). A party attempting to overcome an adverse fact finding as a matter of law must surmount two hurdles. In re Estate of Livingston, 999 S.W.2d at 879; Sterner, 767 S.W.2d at 690. First, the record must be examined for evidence that supports the finding, while ignoring all evidence to the contrary. In re Estate of Livingston, 999 S.W.2d at 879; Sterner, 767 S.W.2d at 690; Kratz, 890 S.W.2d at 902. Second, if there is no evidence to support the finding, then the entire record must be examined to see if the contrary proposition is established as a matter of law. In re Estate of Livingston, 999 S.W.2d at 879; Sterner, 767 S.W.2d at 690; Kratz, 890 S.W.2d at 902. Only if the contrary position is conclusively established will the point of error be sustained. In re Estate of Livingston, 999 S.W.2d at 879-80; Kratz, 890 S.W.2d at 902; Chandler, 842 S.W.2d at 832.
In reviewing a factual sufficiency point of error, the appeals court must weigh all of the evidence in the record. Ortiz v. Jones, 917 S.W.2d 770, 772 (Tex.1996). Findings of fact may be overturned only if they are so against the great weight and preponderance of the evidence as to be clearly wrong and unjust. Id. In that event, the appeals court must state clearly why the finding is factually insufficient or so against the great weight and preponderance as to be manifestly unjust. Id.
An "insufficiency" point invokes a broader standard, requiring this Court to consider all of the evidence and ascertain whether the evidence supporting the finding is so weak, or the evidence to the contrary so overwhelming, that the finding should be set aside and a new trial ordered. Garza v. Alviar, 395 S.W.2d 821, 823 (Tex.1965).
Legal and factual sufficiency of the evidence standards of review govern appeals of nonjury trials on the merits. IKB Industries (Nigeria) Ltd. v. Pro-Line Corp., 938 S.W.2d 440, 445 (Tex.1997); Chrysler Corp. v. Blackmon, 841 S.W.2d 844, 852 (Tex.1992); Hall, Standards of Appellate Review in Civil Appeals, 21 St. Mary's L.j. 865, 919-20 (1990). When a party appeals from a nonjury trial, it must complain of specific findings and conclusions of the trial court, because a general complaint against the trial court's judgment does not present a justiciable question. Fiduciary Mortgage Co. v. City Nat'l Bank, 762 S.W.2d 196, 204 (Tex.App.-Dallas 1988, writ denied). Accordingly, findings of fact and conclusions of law are mandatory for a party to file to avoid the onerous presumptions that apply in an appeal from a nonjury trial. When an appellant does not request or file findings and conclusions by the trial court, the appellate court presumes the trial court found all fact questions in support of its judgment, and the reviewing court must affirm that judgment on any legal theory finding support in the pleadings and evidence. Point Lookout West, Inc. v. Whorton, 742 S.W.2d 277, 278 (Tex.1987).
If the appellant does not challenge the trial court's findings of fact, when filed, these facts are binding upon both the party and the appellate court. Wade v. Anderson, 602 S.W.2d 347, 349 (Tex.Civ.App.-Beaumont 1980, writ ref'd n.r.e.). Accordingly, it is incumbent for the appellant to attack the findings by appropriate legal and factual sufficiency points of error. Lovejoy v. Lillie, 569 S.W.2d 501, 504 (Tex.Civ.App.-Tyler 1978, writ ref'd n.r.e.). In an appeal of a nonjury trial, findings are specifically and meaningfully tied to appropriate standards of appellate review and are therefore truly beneficial to appellate review. See Blackmon, 841 S.W.2d at 853.
It would have been helpful for the court to have articulated its findings of facts and conclusions of law but because no findings of fact or conclusions of law were requested or filed in this case, we will presume that the trial court found all necessary facts to support the judgment.
After the principal on the bond failed to appear, the State initiated the proceedings to forfeit the bail bond that had been posted in this case. The evidence is undisputed that the principal failed to appear at the required time and has not appeared to answer the felony possession of marijuana charges pending against him. The question raised by Appellant is merely whether the fact of deportation of an alien from the United States automatically triggers a defense to the obligation imposed by the writing of the bond and whether the fact of deportation is an uncontrollable...
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