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Martinez v. Mangrum

Court of Appeals of Texas, Second District, Fort Worth

April 26, 2018

MARTA CARREJO MARTINEZ APPELLANT
v.
JANET D. MANGRUM APPELLEE

          FROM THE 96TH DISTRICT COURT OF TARRANT COUNTY TRIAL COURT NO. 096-263989-13

          PANEL: WALKER, MEIER, and BIRDWELL, JJ.

          MEMORANDUM OPINION [1]

          SUE WALKER JUSTICE

         I. Introduction

         Following a forty-five-minute bench trial, at which only the plaintiff-- Appellee Janet D. Mangrum--testified, the trial court signed a permanent injunction and final judgment enjoining Appellant Marta Carrejo Martinez from coming within fifty feet of Mangrum or Mangrum's residence and from making threats or engaging in any other conduct which could reasonably be construed to constitute intimidation or threat of bodily injury to Mangrum. At Martinez's request, the trial court made findings of fact and conclusions of law. Martinez perfected this appeal and, in three issues, challenges the factual sufficiency of the evidence to support two of the findings of fact and asserts that the permanent injunction is fatally vague. We will affirm.

         II. Factual and Procedural Background

         This case arises out of repeated, antagonistic behavior directed at Mangrum by Martinez. After Mangrum filed suit against Martinez, on March 22, 2013, the trial court entered a temporary injunction that enjoined and restrained Martinez and her family members, agents, servants, employees, and all persons acting with or on behalf of her from, among other things, coming within 300 feet of Mangrum's residence, which included driving in front of Mangrum's residence and engaging in threatening or intimidating behavior toward Mangrum.

         Although this case had at various times other parties and other relief requested, eventually the only issue that remained was Mangrum's request for a permanent injunction against Martinez. The request for a permanent injunction proceeded to a forty-five-minute bench trial on February 13, 2017.

         At trial, only one exhibit, which consisted of five photographs, was admitted into evidence. Mangrum--the sole witness--provided the following uncontroverted testimony:

• In 2013, Martinez came onto her property and screamed and cursed at her and uprooted flowers that Mangrum had recently planted.
• In 2013 and 2015, Martinez came onto her property to spit in front of Mangrum and her mother and began calling them names and screaming and cursing at them.
• Martinez "firebombed" Mangrum's house twice, once causing $10, 000 in damage.
• Martinez came onto her property and spat what "looks like blood" onto her driveway.
• Martinez came onto her property at night, screamed and cursed at Mangrum, and shined flashlights into her bedroom, ...

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