Opinion
No. 05-15-01551-CV
05-04-2016
JANETTE HAMPTON, Appellant v. BARBARA MISKELL, Appellee
On Appeal from the County Court at Law No. 5 Dallas County, Texas
Trial Court Cause No. CC-13-02076-E
ORDER
Before the Court is the parties' April 29, 2016 agreed motion to supplement the reporter's record. The parties note two witnesses at trial, Thomas Binzer, M.D. and Richard Levy, M.D., testified by video deposition. The parties further note that, rather than have the court reporter transcribe the testimony of these two witnesses, they agreed to use the deposition transcripts as the "official court record," and they submitted highlighted versions of the transcripts identifying the portions of the video depositions played to the jury. Asserting "it is difficult to decipher which portions of the deposition transcripts were actually played for the jury," the parties seek to supplement the reporter's record with page and line designations "identifying exactly" the portions of the transcripts played to the jury. Attached to the motion is each party's designation for each of the witnesses. These designations appeared to have been filed with the trial court clerk but are not included in the clerk's record.
Because the designations do not appear to have been tendered to the reporter, we DENY the parties' motion. However, on our own motion, we ORDER Dallas County Clerk John Warren to file, no later than May 13, 2016, a supplemental clerk's record containing (1) plaintiff's amended designation of deposition testimony for Thomas Charles Binzer, M.D.; (2) plaintiff's designation of deposition testimony for Richard Levy, M.D.; (3) defendant's designation of deposition testimony for Dr. Charles Binzer; and (4) defendant's designation of deposition testimony for Dr. Richard Levy. Mr. Warren shall inform the Court in writing if any of these documents cannot be located.
We note appellant has filed her brief, and the brief contains at least one citation to one of the volumes of the reporter's record containing deposition testimony. For clarity purposes, we ORDER appellant to file, no later than May 20, 2016, an amended brief that includes, in any citation to the portions of the reporter's record containing the deposition testimony, the line numbers on each page where the testimony upon which she relies can be found. Appellee's citations in her brief to any portion of the deposition testimony shall also be so formatted. Appellee shall file her brief within thirty days of the filing of appellant's amended brief.
/s/ CRAIG STODDART
JUSTICE