Francessie Abram v. Eaglewood Homeowners' Association, Inc.

Opinion issued April 15, 2025

In The

Court of Appeals

For The

First District of Texas

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NO. 01-23-00532-CV

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FRANCESSIE ABRAM, Appellant

V.

EAGLEWOOD HOMEOWNERS’ ASSOCIATION, INC., Appellee

On Appeal from the 434th District Court

Fort Bend County, Texas

Trial Court Case No. 20-DCV-270701

MEMORANDUM OPINION

Following a bench trial, the trial court rendered judgment awarding appellee

Eaglewood Homeowners’ Association, Inc. (Eaglewood) damages on its breach of

fiduciary duty and conversion claims against appellant Francessie Abram. On

appeal, Abram seeks reversal in two issues by asserting that the evidence was legally

insufficient to support the judgment. Despite having the burden to provide a record

demonstrating error, Abram did not file a reporter’s record from trial. The law is

well settled that, when an appellant challenges the sufficiency of the evidence

supporting the trial court’s judgment but fails to file a record of the trial proceedings,

we presume that the missing record contains sufficient evidence to support the

judgment. Accordingly, following that controlling law, we affirm.

Background

Eaglewood is the homeowners’ association for the Eaglewood Subdivision in

Fort Bend County, Texas.1 Abram served as the president of Eaglewood’s board of

directors. After her tenure as president ended, Abram filed suit against Eaglewood

and other parties associated with it. She alleged that the defendants had violated

Eaglewood’s bylaws when they did not count certain proxy votes at its annual

meeting. Abram asserted claims for breach of contract and breach of fiduciary duty.

Eaglewood counterclaimed against Abram, asserting claims for conversion

and breach of fiduciary duty. Eaglewood alleged that, when she was president,

Abram had “usurped decision-making authority that properly belong[ed] to the

whole Board, in violation of the [its] bylaws.” For example, it asserted that Abram

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Because Abram did not file a reporter’s record, our discussion of the background is

based on the clerk’s record. See Cisneros v. Cisneros, No. 14-14-00616-CV, 2015

WL 1143125, at *1 (Tex. App.—Houston [14th Dist.] Mar. 12, 2015, no pet.)

(noting that, in absence of reporter’s record, background facts were “based on the

clerk’s record alone”).

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entered into a contract on its behalf without board approval. Eaglewood also alleged

that Abram refused to return its documents and equipment.

Abram nonsuited her claims, but Eaglewood pursued its counterclaim against

her. Following a bench trial, the trial court rendered judgment in Eaglewood’s favor.

The court signed a judgment ordering Abram to pay Eaglewood $167,013.15 in

damages. The court signed findings of fact and conclusions of law supporting its

judgment.

Abram timely appealed. The trial court clerk filed the clerk’s record, but no

reporter’s record was filed. The court reporter notified this Court that Abram “ha[d]

not paid or made arrangements to pay for the [reporter’s] record and [was] not

appealing as indigent.”

The Clerk of this Court then notified Abram that unless she caused the

reporter’s record to be filed, made arrangements to pay for the reporter’s record, or

provided proof that she was entitled to proceed without payment, the Court could

consider the appeal without a reporter’s record. See TEX. R. APP. P. 37.3(c). The

Clerk further notified her that, under the circumstances, she may be required to file

her brief without a reporter’s record unless she submitted written evidence within 30

days showing that she had paid or arranged to pay for the record. See id. The Clerk’s

notice also informed Abram that, if she believed that she was exempt from paying

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for the reporter’s record due to indigence, she should file a detailed explanation by

the due date. See id. R. 20.1. Abram did not respond to the notice.

Thirty-one days later, the court reporter informed this Court that Abram had

still not paid for the reporter’s record. We notified Abram that we would consider

and decide those issues that did not require a reporter’s record for a decision and

directed her to file her brief within 30 days. See id. R. 37.3(c), 38.6(a), (d). Abram

filed her brief by the deadline.2

In two issues, Abram contends that the evidence was legally insufficient to

support the trial court’s judgment. She asserts that “no evidence in the record

suggests or establishes” that she breached her fiduciary duty and caused Eaglewood

to incur the damages awarded.

Without a Record, the Court Presumes That Evidence Supports the Judgment

An appellant bears the burden to present a sufficient record to show error

requiring reversal. Christiansen v. Prezelski, 782 S.W.2d 842, 843 (Tex. 1990). The

appellate record consists of the clerk’s record and, if necessary to the appeal, the

reporter’s record. TEX. R. APP. P. 34.1.To obtain a reporter’s record on appeal, an

2

In her brief, Abram states that she could not afford the cost of preparing the

reporter’s record. She claims—without support—that she “applied[] through the

indigency process” in the trial court to obtain “the trial transcript.” She stated that

she had not received “a decision from the trial court concerning the approval of her

application.” We note that the record does not reflect that Abram was indigent for

purposes of the trial-court proceedings. And she has not complied with the

requirements of Rule of Appellate Procedure 20.1 to establish that she was entitled

to proceed on appeal without paying for the record. See TEX. R. APP. P. 20.1.

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appellant must request that the court reporter prepare the record and, if not indigent,

arrange for payment of the court reporter’s fee. See id. R. 35.3(b).

“A reporter’s record is required . . . to preserve evidentiary complaints for

appellate review when evidence is introduced in open court.” Vernco Constr., Inc.

v. Nelson, 460 S.W.3d 145, 150 (Tex. 2015); see Lohmann v. Sanchez, No. 01-19-

00984-CV, 2021 WL 3043415, at *6 (Tex. App.—Houston [1st Dist.] July 20, 2021,

pet. denied) (“Issues depending on the state of the evidence cannot be reviewed

without a complete record, including the reporter’s record.”). An appellant “cannot

prevail in any evidentiary challenge without first meeting [her] burden of presenting

a sufficient record on appeal.” Nicholson v. Fifth Third Bank, 226 S.W.3d 581, 583

(Tex. App.—Houston [1st Dist.] 2007, no pet.). “We indulge every presumption in

favor of the trial court’s findings in the absence of a [reporter’s record].” Bryant v.

United Shortline Inc. Assurance Servs., N.A., 972 S.W.2d 26, 31 (Tex. 1998).

Abram asserts that the evidence is legally insufficient to support the trial

court’s judgment. “Evaluation of the sufficiency of the evidence supporting the trial

court’s judgment requires that we review the evidence submitted during trial.” Van

Ness v. Hobbs, No. 01-22-00631-CV, 2023 WL 3311124, at *1 (Tex. App.—

Houston [1st Dist.] May 9, 2023, no pet.) (citing City of Keller v. Wilson, 168 S.W.3d

802, 810–11, 822 (Tex. 2005)).

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Here, we cannot conduct that review because no reporter’s record has been

filed. Despite receiving notice from this Court, Abram—who did not establish

indigency—failed to pay for the reporter’s record. See TEX. R. APP. P. 20.1.,

35.3(b)(3), 37.3(c). Without that record, Abram has not met her burden of providing

a record showing that the evidence is legally insufficient. See Schafer v. Conner, 813

S.W.2d 154, 155 (Tex. 1991) (recognizing that, “when an appellant complains of the

factual or legal sufficiency of the evidence, the appellant’s burden to show that the

judgment is erroneous cannot be discharged in the absence of a complete or an

agreed statement of facts” (footnote omitted)).

Because no reporter’s record was filed due to Abram’s non-payment, we must

presume the missing record contains legally sufficient evidence to support the trial

court’s findings and its judgment rendered on those findings. See Bryant, 972

S.W.2d at 31; see, e.g., Gordon v. Godsey, No. 01-07-00494-CV, 2007 WL

4465389, at *2 (Tex. App.—Houston [1st Dist.] Dec. 20, 2007, no pet.) (“If, as here,

the trial court conducts a bench trial and enters findings of fact, and if the record on

appeal does not include the reporter’s record from the bench trial, we must presume

that the evidence presented at trial was sufficient to support the trial court’s findings

and judgment.”). Accordingly, we reject Abram’s legal sufficiency challenges and

overrule her first and second issues. See Schafer, 813 S.W.2d at 155; Van Ness, 2023

WL 3311124, at *1.

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Conclusion

We affirm the judgment of the trial court.

Jennifer Caughey

Justice

Panel consists of Justices Guerra, Caughey, and Morgan.

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