Court of Appeals of Texas, Thirteenth District, Corpus Christi-Edinburg
appeal from the 24th District Court of DeWitt County, Texas.
Justices Rodriguez, Contreras, and Hinojosa
V. RODRIGUEZ Justice
issues, appellant Peggy Franklin appeals pro se from a
judgment partitioning a tract of land. Franklin challenges
certain evidence that was introduced at trial. Because the
record contains no indication of what this evidence might
have been, we affirm.
Proceedings Before the Trial Court
February 25, 2016, appellees David James, Cindy James, Terral
Bullock, and Cheryl Bullock filed their original petition for
partition of fifty acres of land situated in DeWitt County,
Texas ("the land"). Appellees alleged that
together, they owned an undivided 54.767% interest in the
land. According to the petition, the remaining 45.233% was
owned, in fractions, by twenty-eight defendants or their
sued Franklin, among others. They alleged that Franklin owned
a .0296% interest in the land. Franklin retained counsel and,
on March 24, 2016, filed an answer and general denial. On
June 21, 2016, Franklin joined three other defendants in
filing a joint amended answer, along with counterclaims for
declaratory judgment and a try-title action. Franklin alleged
that she had superior title to appellees because she was heir
to Dennis Williams, who once owned the land.
time of trial, the appellees had amended their petition to
allege that they owned 61.4632% of the land. They continued
to assert that Franklin owned a .0296% interest.
case was set for a bench trial on December 21, 2016. No
reporter's record of the proceedings has been submitted
to this Court.
March 9, 2017, Franklin submitted a letter to the trial court
explaining her view that a certain document introduced into
evidence at trial was "not all true-a false
document." Franklin attached to her letter what appears
to be a death certificate, which, according to the letter,
showed that the evidence at trial was false. In her brief to
this Court, Franklin does not identify or explain the
document in question, or how the death certificate might
relate to that document.
attorney filed a motion to withdraw on March 23, 2017.
April 11, 2017, the trial court signed a statement of
evidence describing the trial proceedings and the evidence
presented. See Tex. R. Civ. P. 244. According to the
statement, six exhibits were introduced at trial: a survey
map of the land, two deeds conveying the land, two family
history charts, and a list of all owners and their respective
interests. The appellate record does not include a volume of
trial exhibits, and Franklin does not explain if-or
where-these exhibits appear in the clerk's record.
April 11, 2017, the trial court entered a judgment granting
the partition. The judgment declared that appellees together
had an undivided 61.4632% interest in the land, Franklin had
an undivided .0296% interest, and other defendants shared the
remaining interest. The judgment provided that because
partition in kind was ...