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In re Rosborough

Court of Appeals of Texas, Fifth District, Dallas
Dec 4, 2024
No. 05-23-00960-CV (Tex. App. Dec. 4, 2024)

Opinion

05-23-00960-CV

12-04-2024

IN THE ESTATE OF VICTOR GLEN ROSBOROUGH, DECEASED


On Appeal from the Probate Court No. 2 Dallas County, Texas Trial Court Cause No. PR-20-02482-2

ORDER

BILL PEDERSEN, III JUSTICE

Before the Court is appellant's November 26, 2024 motion to supplement her opening brief with two exhibits (DNA test results) and a September 26, 2024 letter of the Ohio Secretary of State addressing a complaint against a notary public. The two exhibits were admitted at trial but were not included in the reporter's record. A supplemental reporter's record with the two exhibits was filed on December 3, 2024.

Because the September 26, 2024 letter was not before the trial court when it made its ruling, it may not be considered by this Court. See Spiritas v. Davidoff, 459 S.W.3d 224, 225 (Tex. App.-Dallas 2015, no pet.) (appellate court can only consider the record before the trial court when the ruling was made). Accordingly, we DENY appellant's motion with respect to the letter.


Summaries of

In re Rosborough

Court of Appeals of Texas, Fifth District, Dallas
Dec 4, 2024
No. 05-23-00960-CV (Tex. App. Dec. 4, 2024)
Case details for

In re Rosborough

Case Details

Full title:IN THE ESTATE OF VICTOR GLEN ROSBOROUGH, DECEASED

Court:Court of Appeals of Texas, Fifth District, Dallas

Date published: Dec 4, 2024

Citations

No. 05-23-00960-CV (Tex. App. Dec. 4, 2024)