Appeal from the County Court at Law No. 2 Galveston County,
Texas Trial Court Cause No. CV-0076978
consists of Justices Christopher, Brown, and Wise.
an appeal from a final judgment of eviction. In six issues,
pro se appellant Krisean Johnson contends that the county
court erred by granting a judgment in favor of appellee
Marsha Brown and by refusing to consider his counterclaim for
nuisance and to recover the cost of improvements allegedly
made to the property. Because we have no record of the county
court proceedings and counterclaims are not permitted in
eviction cases, we affirm.
August 2016, Marsha Brown filed a petition in justice court
to evict Krisean Johnson from the premises at 2511 Avenue P
½ in Galveston, Texas, 77550 (the property). Johnson,
appearing pro se, filed an answer and counterclaim in which
he denied Brown's allegations and claimed that Brown had
"failed to comply with her statutory duties and
abandon[ed] the property for more than 10 years."
separately filed counterclaim, Johnson alleged that
Brown's abandonment of the property caused it to become a
nuisance to his grandmother's home next door and to the
neighborhood generally. Johnson sought money damages for
materials and labor he claimed were necessary to secure and
improve the property, a lien against the property for the
amount owed, and the right to occupy the property until he
was paid in full.
August 11, 2016, Brown was awarded possession of the
property. Johnson was ordered to pay monthly rent of $700.00
during the pendency of the appeal, court costs, and interest.
appealed the judgment to the county court. On September 12,
2016, the county court signed a final judgment affirming the
justice court's judgment. The county court's judgment
did not mention or include a ruling on Johnson's
filed a motion to reconsider in which he alleged that his
counterclaim concerning the abandonment of the property was
never addressed. Johnson also claimed that he had taken
possession of the property by adverse possession because it
became a nuisance to the surrounding properties. The trial
court did not rule on the motion. This appeal followed.
first issue, Johnson contends that the trial court erred by
directing Brown's lawyer as to what motion to file to
have the case dismissed. In his fourth, fifth, and sixth
issues, Johnson appears to challenge the sufficiency of the
evidence supporting certain facts. We cannot address these
issues, however, because Johnson has not provided a record of
the proceedings in the county court.
burden is on the complaining party to present a sufficient
record to the appellate court to show error requiring
reversal." Melendez v. Exxon Corp., 998 S.W.2d
266, 278 (Tex. App.-Houston [14th Dist.] 1999, no pet.). A
reporter's record is usually essential to a successful
appeal. See King's River Trail Ass'n, Inc. v.
Pinehurst Trail Holdings, L.L.C., 447 S.W.3d 439, 449-51
(Tex. App.- Houston [14th Dist.] 2014, pet. denied). While
there are circumstances that obviate the need for a complete