Jimmy R. Beaumont v. West Orange-Cove Consolidated Independent School District

• Court: Court of Appeals of Texas
• Decided: July 3, 2002
• Docket: 13-01-00253-CV
• Status: Published

Opinion

                                   NUMBER 13-01-253-CV

                             COURT OF APPEALS

                   THIRTEENTH DISTRICT OF TEXAS

                                CORPUS CHRISTI

___________________________________________________________________

JIMMY R. BEAUMONT,                                                         Appellant,

                                                   v.

WEST ORANGE-COVE CONSOLIDATED

INDEPENDENT SCHOOL DISTRICT, ET AL.,                             Appellees.

___________________________________________________________________

                        On appeal from the 128th District Court

                                  of Orange County, Texas.

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                          MEMORANDUM OPINION

                  Before Justices Dorsey, Hinojosa, and Rodriguez

                                Opinion by Justice Rodriguez

Appellant, Jimmy R. Beaumont, brings this appeal following a default judgment against him for delinquent property taxes owed on several parcels of real estate.  By four points of error, Beaumont contends his constitutional right to due process was violated due to the addition of interest, penalties, and attorney fees to his back taxes.  We affirm. 

As this is a memorandum opinion not designated for publication, and the parties are familiar with the facts, we will not recite them here.  See Tex. R. App. P. 47.1.

A party to a lawsuit is required to file a motion for new trial if he intends to appeal a point on which evidence must be heard, including a failure to set aside a default judgment.  See Tex. R. Civ. P. 324(b)(1).  According to the record on appeal, Beaumont did not file a motion for new trial in accordance with rule 324(b)(1).  Additionally, critical facts pertaining to Beaumont=s argument regarding the constitutionality of the added interest, penalties, and attorney fees are missing due to his failure to file a motion for new trial.  Therefore, due to this failure, Beaumont has waived his right to complain on appeal.  See Tex. R. Civ. P. 324(b)(1). 

Accordingly, the trial court=s judgment is affirmed.

NELDA V. RODRIGUEZ

Justice

Do not publish.

Tex. R. App. P. 47.3.

Opinion delivered and filed

this 3rd day of July, 2002.