Case Information
*0 FILED IN 7th COURT OF APPEALS AMARILLO, TEXAS 9/14/2015 4:01:25 PM VIVIAN LONG CLERK *1 ACCEPTED 07-15-00102-CV SEVENTH COURT OF APPEALS AMARILLO, TEXAS 9/14/2015 4:01:25 PM Vivian Long, Clerk No. 07-15-00102-CV
IN THE SEVENTH DISTRICT COURT OF APPEALS
RONALD WHITTINGTON and MARY WHITTINGTON,
Appellants,
v.
JAY GREEN and CONNIE GREEN,
Appellees.
ON APPEAL FROM CAUSE NO. 101,936-2
COUNTY COURT AT LAW NO. 2, POTTER COUNTY, TEXAS
HONORABLE PAMELA SIRMON, JUDGE PRESIDING UNOPPOSED MOTION TO SUPPLEMENT REPORTER'S RECORD
Certain Exhibits Not In Reporter's Record
The Reporter's Record for this civil case is five digital volumes, the last of
which contains an index of all the exhibits introduced into evidence at trial. No
request for a partial record was made, yet Appellants recently discovered that
Plaintiffs' Exhibits 1, 2, 18H, 181, 18J, 18K, 18L, 18M, and 18N were not copied
and included in the Reporter's Record. [1]
Unopposed Request to Supplement Reporter's Record Two (2) Ways
To address this issue, Appellees request that the Reporter's Record be
supplemented in two ways: First, so that the Court of Appeals will have digital
*2 access to photographs of these exhibits, Appellees are tendering with this motion
a CD disc attached hereto as Exhibit S containing digital photographs of Plaintiffs'
Exhibits 1, 2, 18H, 181, 18J, 18K, 18L, 18M, and 18N to supplement the
Reporter's Record (perhaps as Volume 6). In addition, in case the Court of
Appeals wishes to view the original exhibits themselves, not photographs of
them, Appellants seek an order directing the Potter County District Clerk to send
the originals of Plaintiffs' Exhibits 1, 2, 18H, 181, 18J, 18K, 18L, 18M, 18N to the
Court of Appeals. Tex. R. App. P. 34.6(g)(2).
Reporter's Record Names for Plaintiffs' Exhibits 18A-D
For the Court's information, the Reporter's Record contains Plaintiffs'
Exhibits 18A, 188, 18C, and 180 in the proper order (after Plaintiffs' Exhibit 18
and before Plaintiffs' Exhibit 18E), but the Reporter's Record does not identify
Plaintiffs' Exhibits 18A, 188, 18C, or 18D by those names. Those four exhibits
are "mov" files containing video clips, named in the Reporter's Record as follows:
Plaintiffs' Exhibit 18A is named "1111.mov" in the Reporter's Record;
Plaintiffs' Exhibit 188 is named "8.1.09.mov" in the Reporter's Record;
Plaintiffs' Exhibit 18C is named "100_ 4086.mov" in the Reporter's Record;
Plaintiffs' Exhibit 18D is named "100_ 4087.mov" in the Reporter's Record.
Prayer
Appellees pray that the Reporter's Record be supplemented to include the
data files on the CD disc submitted herewith, and that the Court of Appeals direct the
Potter County District Clerk to provide the originals of Plaintiffs Exhibits 1, 2, 18H,
181, 18J, 18K, 18L, 18M, and 18N to the Clerk of the Court of Appeals.
Respectfully submitted, Burdett, Morgan, Williamson & Boykin, LLP 3423 Soncy Road, Suite 300 Amarillo, Texas 79119 (806) 358-8116 (806) 358-1901 fax By:lsl Wyatt L. Brooks Lewis Coppedge, SBN 04806500 Wyatt L. Brooks, SBN 03075600 lcoppedge@bmwb-law.com wbrooks@bmwb-law.com ATTORNEYS FOR APPELLEES Certificate of Service
The undersigned certifies that on September 14, 2015, a copy of this
document was served on opposing counsel as follows: Kerry Mclain (emailed to
kerry@sgmtexaslaw.com).
Isl Lewis Coppedge Lewis Coppedge Certificate of Conference
The undersigned certifies that he conferred with opposing counsel about the
merits of this motion, and that opposing counsel does not oppose this motion.
Isl Lewis Coppedge Lewis Coppedge *4 EXHIBIT “S”
[1] These exhibits are roughly two feet by three feet enlargements of photos, and the Reporter's Record contains generic descriptions of them, such as: "Plaintiffs' Exhibit Number 18H is a poster-size Photograph Blow-Up."