HOUSTON - The First Court of Appeals recently affirmed a ruling that there was probable cause to tow Steven Smith’s vehicle from the parking lot of his apartment complex.
Under the Texas Towing and Booting Act, Smith sued Madera Residential-Rock Creek Apartments, Ideal Towing, and ATK Towing for the removal of his vehicle without probable cause, court records show.
According to the First Court’s Dec. 22 opinion, Smith requested a hearing in the justice court, which entered judgment in Smith’s favor. Ideal Towing appealed to the Harris County Court at Law No. 2. After a trial, the county court at law concluded that there was probable cause to tow Smith’s vehicle and entered a take-nothing judgment against Smith.
“No record was made of the trial in the county court at law,” the opinion states. “Smith did not request a record of the trial, nor did he object to the failure of the court reporter to make a record. To the extent Smith seeks reversal of the judgment based on the court reporter’s failure to make a record of the trial, Smith has not preserved error.
“Because no record was made, we presume that the trial proceedings support the county court at law’s judgment. We affirm.”
Case No. 01-21-00443-CV