Josephine Douglas-Peters v. James Nathaniel Peters

• Court: Court of Appeals of Texas
• Decided: March 2, 2006
• Docket: 03-05-00065-CV
• Status: Published

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

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NO. 03-05-00065-CV

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Josephine Douglas-Peters, Appellant

v.

James Nathaniel Peters, Appellee

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FROM THE DISTRICT COURT OF WILLIAMSON COUNTY, 395TH JUDICIAL DISTRICT

NO. 01-1528-F395, HONORABLE MICHAEL JERGINS, JUDGE PRESIDING

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D I S S E N T I N G O P I N I O N

                        While I agree with the majority’s disposition of Douglas’s other issues and Peters’s request for damages under Rule 45, I disagree with its disposition of Douglas’s second issue and, accordingly, respectfully dissent from the majority’s judgment of reversal. Given the absence of a reporter’s record, the state of the clerk’s record, and the presumptions that operate in support of the district court’s judgment in such circumstances, I would affirm.

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                                                                        Bob Pemberton, Justice

Before Chief Justice Law, Justices B. A. Smith and Pemberton

Filed: March 2, 2006