Jackson v. Jackson

Absent a transcript, the evidence presumably supported the trial court's findings as to the terms of parties' settlement agreement and the appellant's failure to comply with those terms.

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Michael Jackson appeals from an order awarding Peggy Jackson damages for Michael’s trespass on property she holds under a life estate. Michael contends that the trial court’s order is ineffectual because it refers to an earlier order that was allegedly never filed. However, Michael’s appeal in effect challenges certain factual findings made by the trial court. Because he failed to provide a transcript of the hearings giving rise to those findings, we must assume that the evidence at the hearings supported the trial court’s findings. Accordingly, we must affirm. The undisputed record shows that in September 2004, Peggy took title to a life estate devised to her in her late husband’s will. Michael was one of five remaindermen, and, at the time of the transfer, Michael’s cattle and equipment occupied the property. When Peggy and Michael could not come to an agreement about his leasing the land from her, Peggy filed a petition in August 2007 to enjoin Michael from access to and use of the property and sought damages for his alleged trespass.

The trial court issued a rule nisi order scheduling a hearing and, pending the hearing, ordered Jackson to remove his cattle and equipment from the property within 96 hours. Following two ensuing hearings, the trial court in May 2008 issued a final order referencing those hearings and a prior order not included in the record apparently memorializing a settlement agreement by the parties whereby i Michael would rent the property and pay Peggy $32,000 by January 15, 2008, and ii if Michael failed to timely pay rent or vacate the property by that date, he would be required to vacate the property and pay $32,000 in damages.1 It is undisputed that Michael never paid the $32,000 and did not remove his cattle and equipment until February 8, 2008. The trial court’s final order required Michael to pay $32,000 as damages under the alleged settlement agreement.

Jackson v. Jackson

Absent a transcript, the evidence presumably supported the trial court's findings as to the terms of parties' settlement agreement and the appellant's failure to comply with those terms.

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