Restrepo v. Barrios
| Decision Date | 31 July 1980 |
| Docket Number | No. 6189,6189 |
| Citation | 603 S.W.2d 377 |
| Parties | Frank RESTREPO, Appellant, v. Viola BARRIOS, Appellee. |
| Court | Texas Court of Appeals |
Larry N. Sullivan, San Antonio, for appellant.
Peter Torres, Jr., San Antonio, for appellee.
Frank Restrepo brought this appeal for review of a judgment awarding Viola Barrios actual and exemplary damages and attorney's fees against Restrepo and Nelson O. Arcila upon jury findings convicting Restrepo and Arcila of fraud and conspiracy in the sale of a partnership interest in a restaurant by Arcila to Mrs. Barrios.
The statement of facts shows that Mrs. Barrios introduced twenty exhibits on the trial of the case, including the written contract upon which the suit was based, and that Restrepo and Arcila introduced eleven exhibits. Those exhibits do not form any part of the appellate record. The parties have not stipulated that the partial statement of facts constitutes an agreed statement of facts.
Seven of Restrepo's nine points of error relate to the legal sufficiency and factual sufficiency of the evidence. The two others relate to the court's charge to the jury. None of those complaints can be properly reviewed without a complete statement of facts. Englander Co., Inc. v. Kennedy (Tex.1968), 428 S.W.2d 806, 807; Ledford's Performance Center v. Rhoden, 576 S.W.2d 919 (Tex.Civ.App. Waco 1979, writ ref'd n. r. e.); Levitz Furniture Company v. State, 471 S.W.2d 452, 454 (Tex.Civ.App. Waco 1971, writ ref'd n. r. e.); Porter v. Hooper, 529 S.W.2d 837, 838 (Tex.Civ.App. Waco 1975, no writ). Moreover, the objections to the charge were waived because they were not raised on the trial. Rule 274, Vernon's Tex.Rules Civ.Proc.; Ledford's Performance Center v. Rhoden, supra.
The judgment is affirmed.
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Bundick v. Weller
...issue be submitted. Thus, any error in the court's charge has been waived by appellant and nothing is preserved for review. Restrepo v. Barrios, 603 S.W.2d 377 (Tex.Civ.App.--Waco 1980, no writ). Any complaint to the jury charge not specifically objected to at trial is deemed waived. TEX.R.......
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Melendez v. State
...Co., 845 S.W.2d 323, 326-27 (Tex.App.--Dallas 1992, no writ). A statement of facts is not complete without the exhibits. See Restrepo v. Barrios, 603 S.W.2d 377, 378 (Tex.App.--Waco 1980, no writ); Rodriguez v. Standard Fire Ins. Co., 573 S.W.2d 594, 595-96 (Tex.App.--Waco 1978, writ ref'd ......
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Mouton v. Cassello
...unable to determine whether there was no evidence as to value at the time of purchase from the partial statement of facts. Restrepo v. Barrios, 603 S.W.2d 377, 378 (Tex.Civ.App.--Waco 1980, no writ). Furthermore, where appellant submits an incomplete statement of facts, without stipulation ......
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Moody House, Inc. v. Galveston County, C14-84-308CV
...that there was sufficient evidence to support the trial court's findings. Englander Co. v. Kennedy, 428 S.W.2d 806 (Tex.1968); Restrepo v. Barrios, 603 S.W.2d 377 (Tex.Civ.App.--Waco 1980, no writ). We further overrule all of Cross-Appellants' points of We now address the argument of Appell......