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Ganesan v. Vallabhaneni

Because the appellant could have requested the reporter to prepare the record within the three-year period during which tapes and notes of the proceeding must be maintained, or at minimum requested that the record be preserved, he is not free from fault and is not entitled to a new trial.

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Appellant Apparajan Ganesan appeals the district court’s interlocutory order that he and Sudha Vallabhaneni were married at common law, as well as the subsequent final decree of divorce dividing their marital estate. In three issues, appellant contends that: (1) he is entitled to a new trial because the record of the six-day jury trial resulting in the common law ruling is incomplete; (2) the district court erred in rendering a judgment of common law marriage; and (3) the district court erred in the characterization and division of the parties’ property in the final divorce decree. We will affirm the judgment of the district court.

BACKGROUND

In 1994, Ganesan responded to Vallabhaneni’s matrimonial advertisement in a magazine, and the two began a relationship. Soon after, the couple began contemplating a formal marriage. During the third week of February 1995, Vallabhaneni moved from California to live with Ganesan in Austin. At times throughout the relationship, the parties publicly held themselves out to be married.

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