Opinion

Southwestern Bell Telephone Co. v. Thomas

  • 535 S.W.2d 686
Court
Court of Appeals of Texas
Filed
Mar 3, 1976
Status
Published
Author
Nye
On the bench
Nye
Cited by
16 cases

Reversed on other grounds by Southwestern Bell Telephone Co. v. Thomas, 20 Tex. Sup. Ct. J. 438 (1977)

“A court reporter has a ... duty to the judicial system in seeing that the record is accurate, that the evidence is properly preserved and that the record is timely prepared for appeal in accordance with the instructions of the parties’ attorneys.”

How later courts described this case

  • “A court reporter has a ... duty to the judicial system in seeing that the record is accurate, that the evidence is properly preserved and that the record is timely prepared for appeal in accordance with the instructions of the parties’ attorneys.”

Written by the judges who cited it.

The opinion

OPINION ON MOTION FOR REHEARING

NYE, Chief Justice.

Appellant in his Sixth Assignment of Error stated that “this Court’s express direction that no further briefing would be entertained . . . ” is incorrect. In our order to the trial court, we stated “after receipt of the record and upon re-examination of the trial court’s certification, this Court will then enter such additional orders relative to rebriefing and further oral arguments as it deems necessary.” No request was made by the appellant to amend his brief or to rebrief. Therefore, rebriefing was not deemed to be necessary.

Nor did this Court hold as appellant contends that its points of error in connection with the statement of facts were waived due to their failure to object to the recerti-fication of the statement of facts. After the statement of facts was recertified by the trial court under order of this Court and filed in this Court, we considered all of the evidence in the statement of facts as recer-tified. See new Rule 434, T.R.C.P.

All of appellant’s points of error on motion for rehearing have been carefully considered and they are overruled.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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