Billy H. Champion v. David R. Robinson--Appeal from 76th District Court of Camp County (Opinion)

State: Texas

Court: Texas Northern District Court

Docket No: 06-12-00032-CV

Case Date: 12/19/2012

Plaintiff: Billy H. Champion

Defendant: David R. Robinson--Appeal from 76th District Court of Camp County (Opinion)

Preview:In The Court of Appeals Sixth Appellate District of Texas at Texarkana _________________________
No. 06-12-00032-CV ______________________________

BILLY H. CHAMPION, Appellant V. DAVID R. ROBINSON, Appellee

On Appeal from the 76th Judicial District Court Camp County, Texas Trial Court No. CV-11-1764

Before Morriss, C.J., Carter and Moseley, JJ. Opinion by Chief Justice Morriss Dissenting Opinion by Justice Moseley

OPINION How will 187.09 acres of land mostly surrounded by Ferndale Lake in Camp County be partitioned, by sale or in kind? There is no question before us that would change the trial court`s finding that the property is owned 83.8109 percent by appellee, David R. Robinson, 0.1490 percent by appellant, Billy H. Champion,1 and the remainder by some eighteen other individuals, some possibly with fractional interests smaller than 1/2600ths of the whole. The trial court found that the property was not amenable to partition in kind and ordered a sale of the property. Champion2 appeals, urging numerous points of error, but principally that the evidence is insufficient to support that judgment. The evidence addressing whether the property is subject to partition in kind does not include any expert testimony and is the principal focus of this opinion. We affirm the trial court`s judgment, because (1) sufficient evidence supports the finding that the property was incapable of partition in kind, (2) sufficient evidence supports the trial court`s rejection of fraud, and (3) Champion`s other issues do not demonstrate any reversible error. The property in question had been originally purchased by James Champion in 1911. James and his wife Lizzie, both of whom died intestate, had eight children, including Willie

1

Champion has argued on behalf of the heirs of James Champion in his brief. While a party may prosecute or defend his or her own suit pro se, a pro se appellant may not represent others. See TEX. R. CIV. P. 7; TEX. GOV`T CODE ANN.

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