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Click here for the full text of this decision FACTS:Nancy Mason sued Our Lady Star of the Sea Catholic Church and the diocese, as well as the Greater Mt. Moriah Baptist Church. She alleged that the improvements added to the churches’ properties caused Mason’s land to flood during Tropical Storm Allison in June 2001. At trial, the jury answered “no” to the question of whether an event of unprecedented rainfall constituted an act of God. The jury also answered “no” to a question asking if the churches diverted or impounded the natural flow of surface waters so as to damage Mason’s property. Because two other jury questions on nuisance, trespass and damages were predicated on affirmative answers to the first two questions, the jury did not answer them. The trial court entered a take-nothing judgment for the churches on Oct. 14, 2003. Mason filed a motion for new trial based on her objections to the jury charge and to closing arguments. The trial court denied the motion. Mason filed her notice of appeal on Jan. 6, 2004. She filed her designation of the clerk’s record two weeks later. Though she asked for pleadings, the charges, the judgment and post-trial motions, as well as excerpts of the churches’ grand jury testimony and Mason’s objections at the charge conference, she did not request any of the testimony or evidence received at trial. Mason did not indicate in her letter that she was filing a limited appeal under Texas Rule of Appellate Procedure 34.6(c), nor did it include a statement of the issues to be presented on appeal. The clerk’s record was filed in February. The partial reporter’s record was filed three weeks later, and Mason filed her appellate brief in April. In the churches’ responsive briefs, they argued that the trial court’s judgment must be affirmed, because Mason did not bring forward a complete reporter’s record and did not limit her appellate issues. Just before oral argument, Mason filed with Houston’s 14th Court of Appeals a motion for leave to supplement the court reporter’s record. She acknowledged that she had not filed a statement of points of error and said she was asking for a complete reporter’s record, though she did not yet have it. This court denied her motion but allowed what completed portion of the supplemental record there was to be filed. HOLDING:Affirmed. First, the court states that courts of appeals will generally presume that the omitted portion of a record is relevant and will support the trial court’s judgment. However, Rule 34.6(c) provides an exception to this presumption if the appellant files a statement of the points or issues to be presented on appeal. The court acknowledges that the Texas Supreme Court has urged that these rules be given some flexibility, especially where the appellee does not suffer any prejudice. Here, however, granting Mason this kind of flexibility � where she asked for leave to file her statement of issues almost nine months after it was due � would be to condone an egregious flouting of the rules of appellate procedure. Because the court denied Mason’s request to include her purported statement of issues in the record, her appeal will proceed without the benefit of such statement, the court rules. The court rejects Mason’s argument that reversal will be required if there is fundamental error in the jury charge. The court points out that only three situations warrant reversal for fundamental error: jurisdictional errors, juvenile delinquency cases and when an interest to the public is generally at stake. Furthermore, a fundamental error of these types must be apparent from the face of the record, and there is no record here. To evaluate Mason’s claim, the court must review the trial record. Because Mason did not request the preparation of any part of the trial record, the court cannot address her claim that she likely would have prevailed but for the harm caused by the alleged errors. OPINION:Fowler, J.; Hedges, C.J., Fowler and Seymore, JJ.

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