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The Office of the Attorney General of Texas v. Burton

In this appeal of a judgment to confirm child support arrearage, the court of appeals concluded that the appellant had waived its no-evidence complaint by not first presenting the complaint to the trial court. As a general rule, an appellant must first complain to the trial court by a timely request, objection or motion and obtain a ruling as a prerequisite for appellate review of that complaint, but the general rule does not apply to complaints about the sufficiency of the evidence in a trial to the court. The court of appeals' judgment is reversed and remanded. Texas Supreme Court, No. 11-0316, 06-08-2012.

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In this appeal of a judgment to confirm child support arrearage, the appellant complains solely that the evidence is legally insufficient to support a judgment of no arrearage. The court of appeals affirmed on procedural grounds, concluding that the appellant had waived its no-evidence complaint by not first presenting the complaint to the trial court. 337 S.W.3d 413 (Tex. App.-Fort Worth 2011). Because we conclude that this procedural step was unnecessary to preserve the complaint for appellate review, we reverse and remand.

Theresa Cortez and Anthony Burton divorced in 1994, and Burton was ordered to pay child support of $300 per month. A few years later, Burton suffered a series of strokes. He began receiving social security disability benefits in 2003. Burton’s disability also qualified his son to receive $481 a month in social security benefits.

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