Legal Question in Appeals and Writs in Texas
Appeal of Civil Matter - Burden of Proof
The TFC statutory burden in this family law case is a preponderance of the evidence. Findings/Rulings were challenged and T/C only presented unsupported evidence of other party to leverage its findings, completely ignoring all controverting evidence. Contoverting evidence was arguably substantial, including a court ordered non-retained expert.
Does a court have any discretion to ignore controverting evidence as if it did not exist?
Rejecting evidence for cause is one thing, ignoring it is another. While this may be appropriate if the burden is a scintilla of evidence, it seems totally inappropriate in this case.
1 Answer from Attorneys
Re: Appeal of Civil Matter - Burden of Proof
Your question is not clear. You gave us an excerpt from a rambling monologue. Whether it was proper or not is something for you to determine with an attorney. We don't know enough and it would take most of us time to get up to speed on the facts and the relevant law.
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