Direct Response Group, Inc. v. Dunne

Court of Appeals of Texas

Direct Response Group, Inc. v. Dunne

640 S.W.2d 954, 1982 Tex. App. LEXIS 5174

CourtCourt of Appeals of Texas

DecidedAugust 10, 1982

DocketNo. 05-82-00310-CV

StatusPublished

This text of 640 S.W.2d 954 (Direct Response Group, Inc. v. Dunne) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Direct Response Group, Inc. v. Dunne, 640 S.W.2d 954, 1982 Tex. App. LEXIS 5174 (Tex. Ct. App. 1982).

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Opinion

GUITTARD, Chief Justice.

Appellant has filed an amended motion to supplement the transcript. We [955]*955denied the original motion on the ground that it failed to show materiality of the omitted matter, as required by rule 428 of the Texas Rules of Civil Procedure. See Chapman v. Chapman, 591 S.W.2d 574, 578 (Tex.Civ.App. — Fort Worth 1979, no writ). The amended motion shows materiality. Appellee opposes it on the ground that the materiality, if it exists, was apparent and could have been shown in the original motion.

We grant the amended motion. Rule 428, which was amended January 1, 1981, requires us to permit the supplementation if we deem the omitted matter material unless it will unreasonably delay the appeal. We deem it material, and we find that it will not unreasonably delay the appeal. Whether appellant could have shown materiality in the original motion is irrelevant.

Motion granted.

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GUITTARD, Chief Justice.

Appellant has filed an amended motion to supplement the transcript. We [955]*955denied the original motion on the ground that it failed to show materiality of the omitted matter, as required by rule 428 of the Texas Rules of Civil Procedure. See Chapman v. Chapman, 591 S.W.2d 574, 578 (Tex.Civ.App. — Fort Worth 1979, no writ). The amended motion shows materiality. Appellee opposes it on the ground that the materiality, if it exists, was apparent and could have been shown in the original motion.

We grant the amended motion. Rule 428, which was amended January 1, 1981, requires us to permit the supplementation if we deem the omitted matter material unless it will unreasonably delay the appeal. We deem it material, and we find that it will not unreasonably delay the appeal. Whether appellant could have shown materiality in the original motion is irrelevant.

Motion granted.

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640 S.W.2d 954, 1982 Tex. App. LEXIS 5174, Counsel Stack Legal Research, https://law.counselstack.com/opinion/direct-response-group-inc-v-dunne-texapp-1982.

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