in the Estate of Rodney Joe Knight
12-14-00300-CV
| Tex. Crim. App. | Sep 23, 2015Background
- Knight died; Roy Knight probated decedent's will; Moore contested claiming informal marriage; Knight argued Moore lacked standing as not married; trial court granted TRO, held contested matters, denied will contest, admitted will and issued letters testamentary; Moore appealed after final judgment; motion for continuance asserted unavailable witness; court implicitly denied; hearing proceeded with testimony; judgment conforming to pleadings upheld.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Continuance denial challenged | Moore: denial was abuse of discretion | Knight: court acted within discretion | Issue overruled; no abuse; continuation not preserved or prejudicial |
| Notice under Rule 245 | Moore: improper notice | Knight: notice not essential here; waiver applied | Issue overruled; no reversible error |
| Due process claim | Moore: denial violated due process | Knight: not raised below; waived | Issue overruled; waived due to failure to raise in trial court |
| Judgment conforms to pleadings | Moore: informal marriage issue not raised | Knight: pleadings included informal-marriage contention | Issue overruled; judgment conforms to pleadings |
Key Cases Cited
- Villegas v. Carter, 711 S.W.2d 624 (Tex. 1986) (discretion in granting continuances; standard of review)
- Mercedes-Benz Credit Corp. v. Rhyne, 925 S.W.2d 664 (Tex. 1996) (abuse of discretion standard applied)
- Sw. Country Enter., Inc. v. Lucky Lady Oil Co., 991 S.W.2d 490 (Tex. App.—Fort Worth 1999) (implicit denial analysis in continuance context)
- Stallworth v. Stallworth, 201 S.W.3d 338 (Tex. App.—Dallas 2006) (Rule 33.1 preservation of error)
- Bryant v. Jeter, 341 S.W.3d 447 (Tex. App.—Dallas 2011) (preservation under Rule 33.1)
- Wood v. Wood, 320 S.W.2d 807 (Tex. 1959) (waiver principles for appeal)