Opinion
No. 05-07-01225-CV
Opinion issued January 15, 2009.
On Appeal from the County Court at Law No. 1, Dallas County, Texas, Trial Court Cause No. cc-07-00156-A.
Before Justices MORRIS, FRANCIS, and MURPHY.
MEMORANDUM OPINION
This appeal follows the trial court's order dismissing for want of prosecution Resurgence Financial, L.L.C.'s lawsuit against Karmin M. Moseley to recover an unpaid credit card debt. In its sole issue, Resurgence contends the trial court erred in dismissing its claim because it was entitled to a default judgment against Moseley. For the reasons that follow, we affirm the trial court's dismissal order.
In its appellate brief, Resurgence asserts that it properly moved for a default judgment because Moseley failed to answer its lawsuit and its pleadings and evidence supported such a judgment. It further asserts that the trial court improperly required additional documents before it would sign its default judgment and, despite Resurgence's submission of additional documentation through a second motion for default judgment, the trial court nevertheless dismissed the case for want of prosecution.
We begin by addressing the state of the appellate record in this case. The following documents are not contained in the appellate record and there is nothing in the record demonstrating that Resurgence requested these documents be included in the record: return of service of citation on Moseley; the trial court's request for additional documents; the trial court's order denying Resurgence's motions for default judgment; and the trial court's rule 165a letter referenced in its dismissal order.
Although Rule 35.3(a) of the Texas Rules of Appellate Procedure places the burden to timely prepare, file, and certify the clerk's record with the trial court clerk, the appellant bears the burden to bring forward an appellate record that enables this Court to determine whether the appellant's complaints constitute reversible error. See Enterprise Leasing of Houston v. Barrios, 156 S.W.3d 547, 549 (Tex. 2004). Where, as here, the issues on appeal necessarily involve consideration of documents omitted from the appellate record, we must presume the missing documents support the trial court's ruling. See id. at 550. Resurgence has not demonstrated any reversible error in connection with the trial court's order of dismissal. We resolve Resurgence's sole issue against it. We affirm the trial court's order dismissing this case for want of prosecution.