Opinion
No. 05-04-01436-CV
Opinion Filed July 18, 2005.
On Appeal from the 14th Judicial District Court, Dallas County, Texas, Trial Court Cause No. 03-04378-A.
Affirm.
Before Justices WRIGHT, BRIDGES, and FITZGERALD.
MEMORANDUM OPINION
Wayne R. Anderson appeals the amount of the judgment he was awarded following the trial of his conversion claim against Cardinal Towing Repair, Inc. Anderson argues the amount of the jury award — $300 — is manifestly too small. He charges that the jury ignored the evidence of his vehicle's value and the trial court failed to instruct the jury properly on computing the award. We will affirm the trial court's judgment.
No reporter's record was filed in this appeal. The clerk's record contains a document titled "Plaintiff's Designation of the Record," which states: Plaintiff-Appellant, Wayne R. Anderson, in this case designates the clerk's record, under Rule 34.5, Texas Rules of Appellate Procedure, to be the record on appeal, and does not designate any reporter's transcripts to be prepared for this appeal.
In Anderson's docketing statement for this appeal, Anderson stated he had not requested a reporter's record, paid for one, or made arrangements to pay for one.
The reporter's record must be included in the appellate record "if necessary to the appeal." Tex. R. App. Pro. 34.1. The initial obligation to order the reporter's record is the appellant's. See Tex. R. App. Pro. 34.6. If an appellant affirmatively refuses to order the reporter's record, then he has waived any complaint that requires review of that reporter's record. Anderson's complaint in this case requires us to review the record of evidence given at trial concerning the value of his vehicle as well as the record of the charge conference. Neither record is before this Court. Accordingly, we conclude Anderson has waived his complaint concerning the amount of his damages.
We decide Anderson's issue against him. We affirm the judgment of the trial court.