Court of Appeals of Texas, Fifth District, Dallas
Appeal from the County Court at Law No. 2 Dallas County,
Texas Trial Court Cause No. CC-16-05667-B
Justices Francis, Fillmore, and Whitehill
Wilburn, pro se, appeals the trial court's
take-nothing judgment against her in a case she filed against
Gabrielle Coleman to recover on an alleged debt. As discussed
below, we affirm the trial court's judgment.
and Coleman shared an apartment during a time when Coleman
was involved with Wilburn's son. After Coleman moved out,
Wilburn filed suit in justice of the peace court to recover
on a $900 promissory note and the value of certain property,
including a handgun she alleged Coleman pawned. The JP court
entered a $1, 500 judgment for Wilburn, and Coleman appealed
de novo to the county court. After hearing witness testimony
and admitting Wilburn's evidence, the trial court entered
a take-nothing judgment on Wilburn's claim.
the pendency of this appeal, Wilburn alleged that there were
inaccuracies in the reporter's record. We abated the
appeal and ordered the trial court to conduct a hearing on
the matter. The trial court subsequently made findings of
fact and conclusions of law about three inaccuracies in the
record, none of which impact the substance of the
appeal. The appeal was then reinstated.
construe Wilburn's issues to argue that (i) the evidence
is factually insufficient to support the judgment and (ii)
the trial court erred because it "excluded all
evaluating the factual sufficiency of the evidence to support
a finding, we consider all the evidence and will set aside
the finding only if the evidence supporting the finding is so
weak or so against the overwhelming weight of the evidence
that the finding is clearly wrong and unjust. See Cain v.
Bain, 709 S.W.2d 175, 176 (Tex. 1986).
Wilburn testified that she loaned Coleman $900 and Coleman
signed a promissory note agreeing to repay that amount. She
also testified that Coleman pawned Wilburn's handgun and
several items of Wilburn's personal property were missing
when Coleman moved out.
Coleman admitted to signing the promissory note but said she
never got the money. She said that she used her driver's
license to help Wilburn's son pawn the gun because his
license had been suspended. And she said she left the
apartment with only her clothes.
bench trial, the trial court is the sole judge of the
credibility of the witnesses, assigns the weight to be given
their testimony, may accept or reject all or any part of
their testimony, and resolves any conflicts or
inconsistencies in the testimony. LaCroix v.
Simpson, 148 S.W.3d 731, 734 (Tex. App.-Dallas 2004, no
pet.). This Court is not a fact finder and we may not pass
upon the credibility of the witnesses or substitute our
judgment for that of the trier of fact, even if a different
answer could be reached upon review of the evidence. See
Rich v. Olah (Tex. App.- Dallas 2013, no pet.).
said she never got the money, did not take any property, and
was not the person responsible for pawning the gun. Although
Wilburn's version of the facts differed, the trial court
was free to believe Coleman and not Wilburn. Therefore, we
cannot conclude that the evidence is so weak or against the