dissenting.
I respectfully dissent.
I agree with the majority that to establish the existence of a common-law marriage, the evidence must show all three of the following elements existed as of the same point in time:
1. the parties agreed to be married;
2. after the agreement, they lived together in Texas as husband and wife; and
3. they represented to others in Texas that they were married.
I also agree that the key date in this case is April 11, 1982. The jury found that a common-law marriage existed between the parties “on or about April 11, 1982”. Therefore, in addressing point of error two, which attacks the legal and factual sufficiency of the evidence to support the jury’s finding, we must determine whether reasonable people could have concluded, from a preponderance of the evidence, that on or about April 11, 1982, Winfield and Renfro had (1) agreed to be married, (2) lived together as husband and wife in Texas, and (3) represented to others that they were married.
I agree with the majority’s analysis and conclusions under point of error two, to the extent the majority finds:
1. • the evidence is legally and factually sufficient to support the jury’s finding that on or about April 11, 1982, Win-field and Renfro agreed to be married;
2. the evidence is legally and factually sufficient to support the jury’s finding that on or about April 11, 1982, Win-field and Renfro lived together in Texas as husband and wife; and
3. the evidence is legally sufficient to support the jury’s finding that on or about April 11,1982, Winfield and Ren-fro represented to others that they were married.
However, I disagree with the majority’s conclusion, under point of error two, that the evidence is factually insufficient to support the jury’s finding that on or about April 11, 1982, Winfield and Renfro represented to others that they were married.
The evidence before the jury was very contradictory. Winfield’s testimony about many matters was exactly the opposite, of Renfro’s testimony about the same matters. The jury is the sole judge of the credibility of the witnesses and the weight to be given their testimony. Rego Co. v. Brannon, 682 S.W.2d 677, 680 (Tex.App.—Houston [1st Dist.] 1984, writ ref’d n.r.e.). This Court may not substitute its opinion for that of the jury merely because we would have reached a different result. Pool v. Ford Motor Co., 715 S.W.2d 629, 634 (Tex.1986). It is obvious from the jury findings that the jury believed Renfro’s version of the facts in the instances when Renfro’s version directly contradicted Win-*654field’s version. This was the jury’s prerogative.
The following is a summary of evidence I believe is relevant to the question whether, on or about April 11, 1982, Winfield and Renfro represented to others that they were married. This summary includes evidence of activities occurring before and after April 11, 1982, as well as evidence of activities occurring outside the state of Texas, to the extent the jury may have reasonably considered the evidence as corroborating and relevant to the question of the parties’ relationship on or about April 11, 1982. The summary reflects Renfro’s version of the facts, in those instances where her testimony and Winfield’s testimony contradict.
Sandra met David1 in 1973 when she was eighteen years old. In 1973, David was playing baseball for the San Diego Padres and Sandra was a student at Texas Southern University. Over the next several years, Sandra and David became friends and saw one another whenever David came to Houston to play ball. By 1975 or 1976, the couple commenced an intimate relationship; the relationship later ended. From 1979 to 1981, Sandra was married to Ira Terrell, the father of her son, Sharad Terrell. Sharad was born January 14, 1979.
Sandra and David began to see each other again in 1981. On a trip to South Amer-ica in January 1982, Sandra became pregnant with Shanel. Sandra testified that upon discovering she was pregnant, Sandra and David discussed marriage. David told Sandra that he had concerns over his image if it was discovered he had fathered a child prior to marriage. However, David wanted to make sure they would be married, so that the baby would be legitimate; this was important to him because of the Winfield Foundation for Children.
In early April 1982, David told Sandra he wanted to have an informal marriage ceremony between themselves, rather than a ceremonial marriage; he wanted her to meet him in Dallas on April 11, 1982. About April 10, during a telephone conversation, David told Sandra to make the following arrangements: get a nice car, preferably a Mercedes, and make a reservation at a nice hotel for a suite. Sandra made the reservation at the Amfac Hotel in Dallas. She told the people she wanted a honeymoon suite under “Mr. & Mrs. David Winfield.” They did get a honeymoon suite. Sandra received a confirmation of the reservation on April 11, 1982, which said the reservation had been made in the name:
M/M David Winfield
Attn: S. Renfro
4511 Orange Street
Houston, Tx 77020
David and Sandra stayed at the Amfac Hotel for three days. The hotel brought champagne, roses, and fruit to the suite daily. When they checked out of the hotel, David paid the bill and took the receipt.
Sandra testified that the following week she told her mother, who lived in Houston, that she and David were married in Dallas. Alma Renfro testified that she knew they had a common-law marriage because Sandra had told her so.
In latter April 1982, David told Sandra to find a place for them to live. Pat Caruso, David’s secretary in New Jersey, testified she heard David say he was buying a condominium in Houston for himself, Sandra, and his family. In the summer of 1982, David purchased the condo in Houston where Sandra and her son Sharad lived. After Sandra gave birth to David’s daughter, Shanel, in September 1982, Sandra and both children lived in the condo. The mailbox at the condo had the name “Winfield” on it. According to David’s secretary, from October 1982 to the end of 1984, David spent about 100 days in Houston during the off season, and she could reach him at the condo.
In addition to paying for the condo, David paid for the furnishings and the upkeep of the home; he paid for food and clothing for Sandra and the children; he *655paid their medical and dental expenses; and he paid their travel expenses. David acknowledged that, although he has had relationships with other women, he has never supported them, and has not paid their rent or mortgage.
Alma Renfro, Sandra’s mother, testified that she went by the Houston condominium frequently in the fall of 1982, and that David was there most of the time, although he sometimes traveled for business reasons. She described David’s actions as “husbandly,” that he did errands, worked around the house, and generally behaved as if he were married.
During the 1982 Christmas holidays, Sandra and the children flew to Minnesota to be with David’s family. Sandra testified that David referred to Sharad (Sandra’s son from her prior marriage) as David’s stepson. David’s mother called Sharad her “grandson,” and referred to herself as Sharad’s “grandma.” In 1984, David’s mother had a portrait of both’ Shanel and Sharad hanging over the sofa in her living room. On Sharad’s sixth birthday, David sent the following message to Sharad: “Happy sixth Birthday, Sharad, love Daddy.”
Sarah English, a neighbor, testified she thought David and Sandra were married. In January 1983, when she moved into her condo, English was told by the condo complex that David and Sandra were married. In the fall of 1983, English gave a party honoring Sandra and David. There were 30 to 35 people at the party. English referred to the couple as David and Sandra Winfield on the invitations, and introduced them that way at the party. English testified that David heard the introductions, and that he did not deny or correct the way she introduced them.
In January 1983, Sandra was with David in New Jersey when he was presented with the Sports Writers Association’s Golden Globe award. In July 1983, Sandra was with David in Chicago when he played on the All-Star team; David gave his All-Star watch to Sandra. In January 1984, Sandra was with David in Oklahoma when he was presented with the Jaycee’s award for being one of the Ten Most Outstanding Men in America.
Tonya Turner, who David married during the pendency of this proceeding in the trial court, testified that in the spring of 1983 she was traveling with David and she answered the telephone at the hotel when Sandra called. Tonya testified Sandra claimed to be David’s “lady,” meaning his girlfriend, not his wife. According to Tonya, Sandra asked Tonya if she was planning to marry David. However, according to Sandra, when she called the hotel room, and Tonya answered, Sandra told Tonya that she (Sandra) and David were married, and that the only thing they didn’t have was a piece of paper.
Jerome Armbrister, a sports reporter, testified he first met David and Sandra in November 1983, at a softball game in the Bahamas. Armbrister was covering the game. It was announced that David Win-field and his wife were attending the game. Approximately 50 to 60 people were in the stadium when the announcement was made. The game was also broadcast on the radio, After the announcement, Arm-brister introduced himself to Winfield as “Jerome Armbrister, from the Nassau Guardian, the local newspaper.” Winfield responded with “nice to meet you, this is my wife, Sandra.” The Nassau Guardian photographer took a photo of David and Sandra while Armbrister interviewed David. The picture of David and Sandra, and the article written by Armbrister, were introduced into evidence. David told Sandra to take the paper home with her. She showed the newspaper to her mother and a few friends when she got back to Houston. David did not deny the statements to any of the people in Houston. Armbrister said David never requested a retraction of the statements made by Armbrister in the article.
Pat Caruso testified that David received a letter from some people in the Bahamas thanking David and his wife for being there. Caruso then asked David if he was married, and David smiled in response. Caruso understood his smile to indicate he was married to Sandra.
*656Craig Cormier, Billie Whitfield, and Patricia Henderson, all friends of Sandra, testified that although David and Sandra never actually said they were married, all three thought David and Sandra were married based on their conduct.
Testimony contrary to the jury’s findings included that when Sandra filed her income tax returns, she filed as a head of household, not as married. However, the jury also heard Sandra’s explanation that she filed her tax returns this way because David told her to, and he paid her taxes for 1982 and 1983.
Additionally, on December 22, 1982, Sandra met with David’s brother, an insurance agent, and signed an application for health insurance covering Sandra and Shanel; the box next to “married” was checked “no” by Sandra. David had spoken to his brother about the insurance, and David paid for the insurance.
Other testimony contrary to the jury’s findings included testimony David and Sandra never sent each other anniversary cards; Sandra did not wear a wedding ring from David; David signed Shanel’s birth certificate but, at David’s instructions, Sandra signed Shanel’s birth certificate as “Sandra Renfro,” and named Shanel “Sha-nel Renfro”; Sandra and David signed a management agreement on December 26, 1982 for the redecorating and refurnishing of the condo by Sandra, as an interior decorator; a number of witnesses testified Sandra spoke to them of a future date for a marriage ceremony, but the wedding never took place. David testified he spent a total of only 14 days at the condo since September 1982; Sandra was to pay him rent for the condo, although she never had; he never had a key to the condo; he never agreed to be married; he didn’t recall being in the Amfac Hotel in April 1982; he didn’t stay at the Amfac, he stayed with the team; he didn’t recall any champagne; he never told Sandra he wanted to get married after she became pregnant; when he got back to New York from the Bahamas, he tried to call the Bahamas Newspaper to get the article retracted and corrected to say they were not married.
In my opinion, considering the jury’s right to weigh the evidence and to disregard evidence it does not believe, there is ample evidence to support the jury’s conclusion that David and Sandra, by both active and passive conduct, represented to others that they were married. The testimony dealing with their relationship in the latter part of 1982, 1983, and 1984 lends credibility to Sandra’s position that they entered into a common-law marriage “on or about April 11,1982.” In my opinion, from the evidence, the jury could reasonably have concluded that David knew a honeymoon suite would be reserved in the name “Mr. and Mrs. Winfield,” since Sandra made the reservations that way after David told her they would have an informal marriage ceremony between themselves at the hotel. From the testimony that David and Sandra stayed in the honeymoon suite for three days, and that the hotel provided complimentary champagne and flowers daily, the jury could reasonably have concluded that David at least acquiesced in their “holding out” that they were married. Sandra, within a week, told her mother she and David were married. Later that same month, David instructed Sandra to look for a condo with good security. That summer, David purchased the condo for Sandra and the children, and the mailbox had the name “Winfield” on it.
I conclude that this evidence, when viewed in light of the corroborating evidence dealing with their prior and subsequent conduct, is factually sufficient to support the jury’s finding that the parties, on or about April 11, 1982, represented to others that they were married. I would overrule point of error two.
Additionally, I disagree with the majority’s decision to sustain point of error one.
I agree with the majority that it was error to omit the word “there” or “in Texas” from the jury question; however, in my opinion, the error was harmless.
The defect in the jury question is that the jury was not told that one of the elements of a common-law marriage is that the parties must represent to others in Texas that they are married. However, the *657jury was specifically instructed, by the very wording of the question, that in order to answer “yes,” they had to find David and Sandra entered into an informal or common-law marriage “on or about April 11,1982.” The only evidence of a “holding out” on or about April 11, 1982, involved activity in Texas.
Sandra, acting in accordance with David’s instructions, reserved a honeymoon suite in their married name; they stayed in the honeymoon suite for three days, accepting champagne and flowers, compliments of the hotel; the following week, Sandra told her mother they were married; that same month, David told Sandra to find a place to live in Houston with good security, and she began the search; a few months later, that summer, David bought the condo for Sandra, himself, and the family; "Winfield” was on the mail box; David paid all the family’s living expenses incurred in Texas.
All of the evidence dealing with conduct occurring outside of Texas relates to a time period far removed from April 11, 1982. Although the out-of-state evidence may have corroborated the marriage, the out-of-state conduct could not, alone, support a finding of marriage “on or about April 11, 1982.” Again, the only evidence of a holding out on or about that date dealt with conduct in Texas.
Error in the jury charge is reversible only if it caused, or was reasonably calculated to cause and probably did cause, the rendition of an improper judgment. Island Recreational Dev. Corp. v. Republic of Texas Sav. Ass’n, 710 S.W.2d 551, 555 (Tex.1986); Trevino v. Brookhill Capitol Resources, Inc., 782 S.W.2d 279, 283 (Tex.App.—Houston [1st Dist.] 1989, writ denied); Tex.R.App.P. 81(b)(1). For the reasons stated, in my opinion, the error in the jury charge, in all probability, did not cause the rendition of an improper judgment.
I would overrule point of error one.
In light of the fact that this is a dissenting opinion, it makes no difference to the outcome of this case whether I would sustain or overrule the remaining points of error. Therefore, I decline to address them.
. In this summary of the evidence, I refer to the parties by their first names.