Guarantee Insurance Co. v. First National Bank of Jacksonville

Court of Appeals of Texas

Guarantee Insurance Co. v. First National Bank of Jacksonville

552 S.W.2d 855, 1977 Tex. App. LEXIS 3809

CourtCourt of Appeals of Texas

DecidedMarch 10, 1977

Docket1002

StatusPublished

Cited by4 cases

This text of 552 S.W.2d 855 (Guarantee Insurance Co. v. First National Bank of Jacksonville) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Guarantee Insurance Co. v. First National Bank of Jacksonville, 552 S.W.2d 855, 1977 Tex. App. LEXIS 3809 (Tex. Ct. App. 1977).

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DUNAGAN, Chief Justice.

This is an appeal from an order entered by the trial court overruling appellant Guarantee Insurance Company’s plea of privilege to be sued in Dallas County, Texas.

The appellee, The First National Bank of Jacksonville, Texas, brought suit in the Second Judicial District Court of Cherokee County, Texas, against appellant, Guarantee Insurance Company, and Archie B. Delaney for the recovery of insurance proceeds from appellant based upon the total loss of a truck owned by Delaney, and upon which appellee had the first mortgage and a security interest. Appellant duly and timely filed a plea of privilege to be sued in Dallas County, Texas, alleging said county to be the home office of appellant at the time of the filing of the plea of privilege. Thereafter appellee duly and timely filed its controverting plea urging as exceptions to the general venue rule Subdivisions 4, 23, 28 and 29a of Art. 1995, V.T.C.S. Appellee on appeal has abandoned any claim to venue based on Subdivision 29a. Upon a hearing of appellant’s plea of privilege the trial court overruled its plea and appellant has appealed to this court.

We do not have the benefit of a statement of facts. No request for findings of fact was made and none was filed. A statement of facts was filed in this court on August 30, 1976. Our record reflects that the statement of facts was withdrawn on September 28, 1976 by counsel for appellant. On December 14, 1976, our Clerk notified appellant’s counsel that the statement of facts had not been returned. Our records do not reflect that the statement of facts was ever returned. There seems to be a disagreement between our Clerk and counsel for appellant as to whether the statement of facts was returned. Although appellant’s counsel was timely apprised that the statement of facts had not been returned, no steps were taken to remedy the situation. Be that as it may, the fact remains that we do not now have before us a statement of facts upon which we may determine the question raised by appellant’s challenge to the sufficiency of the evidence.

Without a statement of facts and findings, such facts as are necessary to support the judgment must be presumed to have been found. Commercial Credit Corp. v. Smith, 143 Tex. 612, 187 S.W.2d 363, 365 (Tex.1945); Carter v. Servis Equipment Co., 378 S.W.2d 894 (Tex.Civ.App.-Houston 1964, writ dism’d); 4 Tex.Jur.2d Part 1 sec. 388 p. 222; 60 Tex.Jur.2d sec. 244 p. 163.

The judgment of the trial court is affirmed.

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DUNAGAN, Chief Justice.

This is an appeal from an order entered by the trial court overruling appellant Guarantee Insurance Company’s plea of privilege to be sued in Dallas County, Texas.

The appellee, The First National Bank of Jacksonville, Texas, brought suit in the Second Judicial District Court of Cherokee County, Texas, against appellant, Guarantee Insurance Company, and Archie B. Delaney for the recovery of insurance proceeds from appellant based upon the total loss of a truck owned by Delaney, and upon which appellee had the first mortgage and a security interest. Appellant duly and timely filed a plea of privilege to be sued in Dallas County, Texas, alleging said county to be the home office of appellant at the time of the filing of the plea of privilege. Thereafter appellee duly and timely filed its controverting plea urging as exceptions to the general venue rule Subdivisions 4, 23, 28 and 29a of Art. 1995, V.T.C.S. Appellee on appeal has abandoned any claim to venue based on Subdivision 29a. Upon a hearing of appellant’s plea of privilege the trial court overruled its plea and appellant has appealed to this court.

We do not have the benefit of a statement of facts. No request for findings of fact was made and none was filed. A statement of facts was filed in this court on August 30, 1976. Our record reflects that the statement of facts was withdrawn on September 28, 1976 by counsel for appellant. On December 14, 1976, our Clerk notified appellant’s counsel that the statement of facts had not been returned. Our records do not reflect that the statement of facts was ever returned. There seems to be a disagreement between our Clerk and counsel for appellant as to whether the statement of facts was returned. Although appellant’s counsel was timely apprised that the statement of facts had not been returned, no steps were taken to remedy the situation. Be that as it may, the fact remains that we do not now have before us a statement of facts upon which we may determine the question raised by appellant’s challenge to the sufficiency of the evidence.

Without a statement of facts and findings, such facts as are necessary to support the judgment must be presumed to have been found. Commercial Credit Corp. v. Smith, 143 Tex. 612, 187 S.W.2d 363, 365 (Tex.1945); Carter v. Servis Equipment Co., 378 S.W.2d 894 (Tex.Civ.App.-Houston 1964, writ dism’d); 4 Tex.Jur.2d Part 1 sec. 388 p. 222; 60 Tex.Jur.2d sec. 244 p. 163.

The judgment of the trial court is affirmed.

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552 S.W.2d 855, 1977 Tex. App. LEXIS 3809, Counsel Stack Legal Research, https://law.counselstack.com/opinion/guarantee-insurance-co-v-first-national-bank-of-jacksonville-texapp-1977.

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