Ronald Whittington and Mary Whittington v. Jay Green and Connie Green

Opinion

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 FILED IN 7th COURT OF APPEALS RONALD WHITTINGTON and MARY AMARILLO, TEXAS WHITTINGTON, Appellants, 9/14/2015 4:01:25 PM VIVIAN LONG CLERK 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

1These 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."

1 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.

2 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.

3 EXHIBIT “S”