Weaver v. Westchester Fire Ins. Co.
| Court | Texas Supreme Court |
| Writing for the Court | PER CURIAM |
| Citation | Weaver v. Westchester Fire Ins. Co., 739 S.W.2d 23 (Tex. 1987) |
| Decision Date | 16 September 1987 |
| Docket Number | No. C-6523,C-6523 |
| Parties | Ray Wallace WEAVER, Petitioner, v. WESTCHESTER FIRE INSURANCE COMPANY, Respondent. |
Fernando Villarreal, Tom L. Ragland, Clark, Gorin, Ragland & Mangrum, Waco, for petitioner.
John A. Stephens, Fulbright, Winniford, Bice & Marable, Waco, for respondent.
In this workers' compensation suit, the trial court rendered a take nothing judgment against Ray Weaver. Weaver filed a motion for new trial, in which he alleged that outside influences were improperly brought to bear upon the jury. The motion was supported by the affidavit of a juror, Alma Hardgrove, describing what was discussed during jury deliberations. At the hearing on the motion, Weaver filed a written request for a court reporter to take down the testimony offered in support of his motion. The trial court refused this request and, at the conclusion of the hearing, overruled the motion for new trial. The court of appeals affirmed the trial court judgment. 730 S.W.2d 834. The court of appeals held that Weaver's failure to attempt to secure a narrative under Tex.R.Civ.P. 377 or an agreed statement under Tex.R.Civ.P. 378 waived any error as to the denial of a court reporter.
Although refusing the application for writ of error, no reversible error, we disapprove the court of appeals' conclusion that Weaver was required to seek a narrative or an agreed statement of facts in order to complain on appeal of the denial of a court reporter. Weaver exercised due diligence and through no fault of his own was unable to obtain a proper record of the evidence at the motion for new trial. Robinson v. Robinson, 487 S.W.2d 713, 715 (Tex.1972). Therefore, his objection to the lack of a court reporter preserved his error for appeal.
However, a motion for new trial based on jury misconduct must be supported by a juror's affidavit alleging "outside influences" were...
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Golden Eagle Archery Inc. v. Jackson
...on jury misconduct must be supported by a juror's affidavit alleging "outside influences" were brought to bear upon the jury. 739 S.W.2d 23, 24 (Tex. 1987). However, our statement in Weaver was overly broad, because the rules' limitations on affidavits and testimony as grounds for a new tri......
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Caballero v. Playboy Enters., Inc.
...be supported by a juror's affidavit alleging that outside influences were brought to bear upon the jury. Weaver v. Westchester Fire Ins. Co., 739 S.W.2d 23, 24 (Tex.1987) (per curiam); see Tex.R. Civ. P. 327(b); see also Tex.R. Evid. 606(b). An outside influence “must emanate from outside t......
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Ramsey v. Lucky Stores, Inc.
...must be supported by a juror's affidavit alleging that "outside influences" were brought to bear upon the jury. Weaver v. Westchester Fire Ins. Co., 739 S.W.2d 23, 24 (Tex.1987); Texaco, Inc. v. Pennzoil Co., 729 S.W.2d 768, 850 (Tex.App. --Houston [1st Dist.] 1987, writ ref'd n.r.e.); TEX.......
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Pabich v. Kellar
...must be supported by a juror's affidavit alleging that "outside influences" affected the jury's decision. Weaver v. Westchester Fire Ins. Co., 739 S.W.2d 23, 24 (Tex.1987); Mitchell v. S. Pac. Transp. Co., 955 S.W.2d 300, 322 (Tex.App.-San Antonio 1997, no writ). A non-juror's affidavit is ......
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CHAPTER 7 The Record
...transcribe proceedings, party must object on the record to the absence of the court reporter).[105] Weaver v. Westchester Fire Ins. Co., 739 S.W.2d 23, 24 (Tex. 1987).[106] See, e.g., Villagomez Invs., L.L.C. v. Magee, 294 S.W.3d 687, 688–89 (Tex. App.—Houston [1st Dist.] 2009, no pet.).[10......
