Opinion
No. 05-15-00784-CV
06-22-2016
BROADRICK UMEH, Appellant v. DANIEL RIVAS, Appellee
On Appeal from the County Court at Law No. 5 Dallas County, Texas
Trial Court Cause No. CC-12-04556-E
MEMORANDUM OPINION
Before Chief Justice Wright, Justice Bridges, and Justice Lang
Opinion by Justice Bridges
Broadrick Umeh appeals the trial court's judgment in favor of Daniel Rivas on Rivas' personal injury claims. In five issues, Umeh argues Rivas' exclusive remedy was the worker's compensation act, another party was vicariously liable for Rivas' injuries, Rivas was not Umeh's invitee, Umeh was not the cause of Rivas' injuries, and the trial court's findings of fact did not support its conclusions of law. We affirm the trial court's judgment.
Only Broadrick Umeh filed a notice of appeal in this case. Jaijoe Abraham Alopra, individually and d/b/a Dallas Entourage and Dallas Entourage did not file a notice of appeal. By separate order, we grant Rivas' motion to strike Jaijoe Abraham Alopra, individually and d/b/a Dallas Entourage and Dallas Entourage from this case. See TEX. R. APP. P. 25.1(d)(5) (notice of appeal must state name of each party filing notice); Martin v. Commercial Metals Co., 138 S.W.3d 619, 621-22 (Tex. App.—Dallas 2004, no pet.) (only appellant named in notice of appeal who signed notice of appeal successfully appealed trial court's judgment). --------
The record reflects that Umeh failed to file a reporter's record in this case. By letter dated August 11, 2015, we instructed appellant to provide this Court with notice that he had requested preparation of the reporter's record and verification that he had either paid for the record, arranged to pay for the record, or been found to be entitled to proceed without payment of costs. We cautioned appellant that the appeal could be submitted without a reporter's record if Umeh did not provide the required documentation within the time specified. Umeh failed to file the required documentation. On September 4, 2015, this Court issued an order providing that this case would be submitted without a reporter's record.
An appellant bears the burden to bring forward a record that enables the appellate court to determine whether appellant's complaints constitute reversible error. See Enter. Leasing Co. of Houston v. Barrios, 156 S.W.3d 547, 549 (Tex. 2004) (per curiam); Christiansen v. Prezelski, 782 S.W.2d 842, 843 (Tex. 1990) (stating that burden is on appellant to present sufficient record to show error requiring reversal); Nicholson v. Fifth Third Bank, 226 S.W.3d 581, 582 (Tex. App.—Houston [1st Dist.] 2007, no pet.) (it is appellant's burden to bring forward a sufficient record to show the error committed by the trial court). Issues depending on the state of the evidence cannot be reviewed without a complete record, including the reporter's record. See Favaloro v. Comm'n for Lawyer Discipline, 994 S.W.2d 815, 820 (Tex. App.—Dallas 1999, pet. stricken). "[W]hen a record is incomplete (and the rules on partial records do not apply—which they do not), we must presume that the missing portion of the record supports the factual determinations made by the fact-finder." Palla v. Bio-One, Inc., 424 S.W.3d 722, 727-28 (Tex. App.—Dallas 2014, no pet.) (quoting In re Estate of Arrendell, 213 S.W.3d 496, 503 (Tex. App.—Texarkana 2006, no pet.) (citing Bennett v. Cochran, 96 S.W.3d 227, 230 (Tex.2002)).
Umeh's assertions in his brief all depend on the state of the evidence: whether Rivas was injured during the course of his employment, whether another party was vicariously liable for Rivas' injuries, whether Rivas was an invitee and Umeh was liable for Rivas' injuries, whether Umeh caused Rivas' injuries, and whether the trial court found Umeh had a duty to Rivas and breached that duty. See Favaloro, 994 S.W.2d at 820. We must, therefore, presume that the missing portion of the record supports the factual determinations made by the fact-finder. Palla, 424 S.W.3d at 727-28. We resolve Umeh's issues against him.
We affirm the trial court's judgment.
/David L. Bridges/
DAVID L. BRIDGES
JUSTICE 150784F.P05
JUDGMENT
On Appeal from the County Court at Law No. 5, Dallas County, Texas
Trial Court Cause No. CC-12-04556-E.
Opinion delivered by Justice Bridges. Chief Justice Wright and Justice Lang participating.
In accordance with this Court's opinion of this date, the judgment of the trial court is AFFIRMED.
It is ORDERED that appellee DANIEL RIVAS recover his costs of this appeal from appellant BROADRICK UMEH. Judgment entered June 22, 2016.