Opinion
No. 04-16-00596-CV
05-17-2017
James BURLEY, Jr., Appellant v. BEXAR COUNTY, City of San Antonio, San Antonio Independent School District, and City of San Antonio Code Compliance Appellees
MEMORANDUM OPINION
From the 57th Judicial District Court, Bexar County, Texas
Trial Court No. 2015TA101557
Honorable Richard Price, Judge Presiding Opinion by: Luz Elena D. Chapa, Justice Sitting: Karen Angelini, Justice Marialyn Barnard, Justice Luz Elena D. Chapa, Justice AFFIRMED
James Burley, Jr. appeals a final judgment the trial court rendered after an August 24, 2016 bench trial. Burley's sole issue is that the evidence establishes his entitlement to a property tax exemption based on the religious use of his properties. After Burley filed his notice of appeal, the trial court's official court reporter filed a letter stating no record was taken by any court reporter on August 24, 2016, in this case.
The record does not reflect Burley requested a record or that he objected to the court reporter not making a record. This court notified Burley of the court reporter's letter, and Burley has not complained of the lack of a reporter's record on appeal.
"[T]here is a general presumption of validity extending to the judgments of courts of general jurisdiction." Vickery v. Comm'n for Lawyer Discipline, 5 S.W.3d 241, 251 (Tex. App.—Houston [14th Dist.] 1999, pet. denied). "[T]he presumption of validity extends to judgments derived with or without the benefit of a jury." Id. This presumption:
is perhaps even stronger in a bench trial where an experienced judge exercises the functions of a jury and is charged with the responsibility of assessing the credibility of the witnesses, logically evaluating the evidence, rationally resolving factual disputes on the basis of such evidence, and correctly applying the law to the facts.Id. When the record "is ambiguous or silent, the presumption of validity will supply by implication every proof, element, factual finding, or proper application of the law needed to support the judgment." Id.
Burley's sole issue challenges the trial court's judgment based on the evidence at trial. We must presume the trial court's judgment is valid and correct unless the record demonstrates otherwise. See id. Because there is no reporter's record, the record is silent as to what evidence was admitted at trial. Without a reporter's record, we are unable to determine whether the trial court erred in "assessing the credibility of the witnesses, logically evaluating the evidence, rationally resolving factual disputes on the basis of such evidence, and correctly applying the law to the facts." See id. Consequently, Burley has not overcome the presumption of validity, and we must presume the trial court did not err in rendering judgment against Burley. See id. We therefore affirm the trial court's judgment.
Burley also states "the evidence of [his religious] work can be found in the Tax I.D. Number for Hands-4-Help . . . and a lis pendens." Burley's statement suggests he is asking us to take judicial notice of documents outside the record. Our "decision to take judicial notice of a fact on appeal is generally discretionary, and [we] are generally reluctant to do so when such evidence has not been presented to the trial court." Hendee v. Dewhurst, 228 S.W.3d 354, 377 (Tex. App.—Austin 2007, pet. denied) (footnotes omitted).
Luz Elena D. Chapa, Justice