Allen Duane Catterson, M.D. v. Patty Martin, Individually and as of the Estate of Donald Martin

• Court: Court of Appeals of Texas
• Decided: June 12, 2002
• Docket: 07-00-00588-CV
• Status: Published

Opinion

CATTERSON V MARTIN NO. 07-00-0588-CV

IN THE COURT OF APPEALS

FOR THE SEVENTH DISTRICT OF TEXAS

AT AMARILLO

PANEL B

JUNE 12, 2002

______________________________

ALLEN CATTERSON, MD. AND

KELSEY-SEYBOLD CLINIC MEDICAL GROUP

Appellant

v.

PATTY MARTIN, INDIVIDUALLY AND

BEHALF OF THE ESTATES OF DONALD F. MARTIN,

AND AS NEXT FRIEND OF APRIL NICOLE MARTIN,

A MINOR CHILD

Appellee

_________________________________

FROM THE 152ND DISTRICT COURT OF HARRIS COUNTY;

NO. 1994-10440; HON. HARVEY BROWN, PRESIDING

_______________________________

Before BOYD, C.J., QUINN and JOHNSON, J.J.

Pending is the joint motion to "vacate the trial court's judgment and dismiss the appeal." Both parties represent that they no longer desire to appeal given that they "have entered into a confidential agreement resolving this matter." Accordingly, the motion is granted and the appeal is dismissed pursuant to Texas Rule of Appellate Procedure 42.1(a)(2).

Having dismissed the appeal at the personal request of the parties, no motion for rehearing will be entertained, and the mandate will issue forthwith.

Per Curiam

Do not publish.

ement because of a revocation of probation in Andrews County heretofore granted him. Disagreeing that reversal is required, we affirm the trial court's judgment.

In relevant part, the record shows the following colloquy that took place in the absence of the jury:

The Court: Okay. I have Shawn Bockleman . . . who's going to be the Defense's next witness. And Mr. Bockleman, I just want you to know that since -- it's my understanding on representation from Mr. Martinez that Mr. Balderrama's probation in Andrews County was revoked by order of the judge and that he's sentenced to serve four years in prison, but that has been appealed and that Mr. Balderrama is out on bond on that matter. Under the law and for the purposes of this case then it's just as if there had been no revokation [sic]. And so I've ruled in this case that the fact that a revokation [sic] order has been entered by the judge or that he's been sentenced to any penitentiary time would not be mentioned since it's on appeal. Okay?

The Witness: Okay

The Court: I think that should cover the circumstances.

The record does not show any objection to the ruling of the court.

Rule 33.1 of the Texas Rules of Appellate Procedure specifically requires that to preserve a complaint for appellate review, the complaining party must make a "timely request, objection, or motion" with sufficient specificity to make the trial court aware of the complaint. See also Purtell v. State, 761 S.W.2d 360, 365-66 (Tex. Crim. App. 1988), cert. denied, 490 U.S. 1059, 109 S.Ct. 1972, 104 L.Ed.2d 441 (1989); Zillender v. State, 557 S.W.2d 515, 517 (Tex. Crim. App. 1977).

Because of the lack of a trial objection, there is nothing preserved for appellate review. Accordingly, appellant's issue does not present reversible error, and it is overruled. The judgment of the trial court is affirmed.

John T. Boyd

Senior Justice

1. John T. Boyd, Chief Justice (Ret.), Seventh Court of Appeals, sitting by assignment. Tex. Gov't Code Ann. §75.002(a)(1) (Vernon Supp. 2004).