ROTT v. BROWNE

No. 19529.

570 S.W.2d 67 (1978)

E. Don ROTT, Appellant, v. W. Robert BROWNE et al., Appellees.

Court of Civil Appeals of Texas, Dallas.

July 6, 1978.


Attorney(s) appearing for the Case

Thomas K. Boone, Dalton, Moore, Forde, Joiner & Stollenwerck, Dallas, for appellant.

B. Robert Baker, Robert D. Hemphill, Saner, Jack, Sallinger & Nichols, Dallas, for appellees.


AKIN, Justice.

The principal question presented on this appeal is whether appellant exercised due diligence in attempting to obtain a statement of facts when it was discovered that the court reporter would be unable to prepare a statement of facts because he had lost his notes. We hold that appellant need not request the trial judge to prepare or to approve a narrative statement of facts under Rule 377 in this situation...

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