(DOWNLOAD) "Ray Wallace Weaver v. Westchester Fire Insurance Company" by Supreme Court of Texas No. C-6523 # eBook PDF Kindle ePub Free
eBook details
- Title: Ray Wallace Weaver v. Westchester Fire Insurance Company
- Author : Supreme Court of Texas No. C-6523
- Release Date : January 16, 1987
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 72 KB
Description
Per Curiam OPINION ON APPLICATION FOR WRIT OF ERROR In this workers' compensation suit, the trial court rendered a take nothing
judgment against Ray Weaver. Weaver filed a motion for new trial, in which he alleged that outside influences were improperly
brought to bear upon the jury. The motion was supported by the affidavit of a juror, Alma Hardgrove, describing what was discussed
during jury deliberations. At the hearing on the motion, Weaver filed a written request for a court reporter to take down
the testimony offered in support of his motion. The trial court refused this request and, at the conclusion of the hearing,
overruled the motion for new trial. The court of appeals affirmed the trial court judgment. S.W.2d . The court of appeals
held that Weaver's failure to attempt to secure a narrative under Tex. R. Civ. P. 377 or an agreed statement under Tex. R.
Civ. P. 378 waived any error as to the denial of a court reporter. Although refusing the application for writ of error, no reversible error, we disapprove the court of appeals' conclusion
that Weaver was required to seek a narrative or an agreed statement of facts in order to complain on appeal of the denial
of a court reporter. Weaver exercised due diligence and through no fault of his own was unable to obtain a proper record of
the evidence at the motion for new trial. Robinson v. Robinson, 487 S.W.2d 713, 715 (Tex. 1972). Therefore, his objection
to the lack of a court reporter preserved his error for appeal.