

 











 
 
 
 
 
 
                                   NUMBER
13-01-253-CV
 
                             COURT
OF APPEALS
 
                   THIRTEENTH
DISTRICT OF TEXAS
 
                                CORPUS
CHRISTI
___________________________________________________________________
 
JIMMY R. BEAUMONT,                                                         Appellant,
 
                                                   v.
 
WEST ORANGE-COVE CONSOLIDATED 
INDEPENDENT
SCHOOL DISTRICT, ET AL.,                             Appellees.
___________________________________________________________________
 
                        On
appeal from the 128th District Court
                                  of Orange County, Texas.
__________________________________________________________________
 
                          MEMORANDUM
OPINION
 
                  Before
Justices Dorsey, Hinojosa, and Rodriguez
                                Opinion
by Justice Rodriguez
 




Appellant, Jimmy R. Beaumont, brings this appeal following a
default judgment against him for delinquent property taxes owed on several
parcels of real estate.  By four points
of error, Beaumont contends his constitutional right to due process was
violated due to the addition of interest, penalties, and attorney fees to his
back taxes.  We affirm.  
As this is a memorandum opinion not designated for publication,
and the parties are familiar with the facts, we will not recite them here.  See Tex.
R. App. P. 47.1.
A party to a lawsuit is required to file a motion for new trial
if he intends to appeal a point on which evidence must be heard, including a
failure to set aside a default judgment. 
See Tex. R. Civ. P. 324(b)(1).  According to
the record on appeal, Beaumont did not file a motion for new trial in
accordance with rule 324(b)(1).  Additionally, critical facts pertaining to
Beaumont=s argument
regarding the constitutionality of the added interest, penalties, and attorney
fees are missing due to his failure to file a motion for new trial.  Therefore, due to this failure, Beaumont has
waived his right to complain on appeal.  See
Tex. R. Civ. P. 324(b)(1).  
Accordingly, the trial court=s judgment is affirmed.
NELDA
V. RODRIGUEZ
Justice
 
Do not
publish.
Tex.
R. App. P.
47.3.
 
Opinion delivered and
filed
this 3rd day of July,
2002.

