Opinion
No. 05-10-01125-CV
03-07-2012
CAROLYN A. MORRIS, Appellant v. LIBERTY MUTUAL FIRE INSURANCE COMPANY, Appellee
AFFIRM; Opinion Filed March 7, 2012.
On Appeal from the 14th Judicial District Court
Dallas County, Texas
Trial Court Cause No. 07-03975-A
MEMORANDUM OPINION
Before Justices Moseley, Lang, and Myers
Opinion By Justice Moseley
Carolyn A. Morris appeals from the trial court's judgment affirming the denial of her workers' compensation claim by the Texas Department of Insurance Division of Worker's Compensation. The jury in this case found Morris did not suffer a compensable injury and the trial court rendered judgment on the verdict affirming the findings of fact and conclusions of law of the Division's appeals panel. See Tex. Lab. Code Ann. §§ 410.251-.308 (West 2006 & Supp. 2011).
In a single issue, Morris asks whether "the trial court erred in deciding to remove evidence not presented to the jury during trial, but stipulated to for admission, from jury deliberations." The background of the case and the evidence adduced at trial are well known to the parties; thus, we do not recite them here in detail. Because all dispositive issues are settled in law, we issue this memorandum opinion. Tex. R. App. P. 47.2(a), 47.4. We affirm the trial court's judgment.
We review a trial court's ruling admitting or excluding evidence for an abuse of discretion. See Dallas County v. Crestview Corners Car Wash, No. 05-09-00623-CV, 2012 WL 523920, at *3 (Tex. App.-Dallas Feb. 16, 2012, no. pet. h.).
Appellant's brief states "[a]ppeals challenging the conclusions of the trial court in the exclusion of evidence are reviewed under a 'de novo' standard of review" and cites Aguero v. Ramirez, 70 S.W.3d 372, 373 (Tex. App.-Corpus Christi 2002, pet. denied) as support. Aguero states the standard of review for conclusions of law following a nonjury trial, not the standard for reviewing rulings excluding evidence. Id.
Appellant asserts in her amended brief that certain medical records were stipulated to and admitted into evidence. She contends that the trial court decided, after closing arguments, that evidence not presented to the jury during trial would not be considered by the jury during their deliberations. Her brief indicates that appellant did not present the stipulated evidence at trial, including her medical records, because she assumed the jury would review the evidence.
We gave notice to appellant of a defective brief noting that her brief did not include a statement of facts supported by record references or argument with appropriate citations to the record. Appellant filed an amended brief in response, but there is no reporter's record of the evidence presented at trial. The record contains a letter from the court reporter stating that neither party had requested her to prepare a reporter's record in this case or made arrangements to pay for the record. As a result, we do not have a reporter's record containing the medical records appellant contends were excluded from jury deliberations. Nor is there anything in the record indicating those medical records were offered and admitted in evidence. We have no reporter's record containing the alleged stipulation, nor is a written stipulation signed by the parties or their attorneys and filed of record contained in the clerk's record.
The appellant bears the burden to bring forward an appellate record that enables the appellate court to determine whether appellant's complaints constitute reversible error. See Enter. Leasing of Houston v. Barrios, 156 S.W.3d 547, 549 (Tex. 2004) (per curiam); Christiansen v. Prezelski, 782 S.W.2d 842, 843 (Tex. 1990) (burden is on appellant to present sufficient record to show error requiring reversal). If the appellant desires a reporter's record on appeal, she must request the court reporter to prepare the record and arrange for payment of the reporter's fee for doing so. See Tex. R. App. P. 35.3(b). The request must designate the exhibits to be included and be filed with the trial court. Tex. R. App. P. 34.6(b). Where, as here, the issues on appeal necessarily involve consideration of documents omitted from the appellate record, we must presume the missing documents support the trial court's ruling. See Barrios, 156 S.W.3d at 550; Wilms v. Americas Tire Co., Inc., 190 S.W.3d 796, 803 (Tex. App.-Dallas 2006, pet. denied) (evidence presumed to be sufficient to support trial court's order when appellant fails to bring reporter's record). Points of error dependent on the state of the evidence cannot be reviewed without a complete record, including the reporter's record. See Favaloro v. Comm'n for Lawyer Discipline, 994 S.W.2d 815, 821 (Tex. App.-Dallas 1999, pet. stricken). If the appellant fails to bring forward a complete record, the court will conclude appellant has waived the points of error dependent on the state of the evidence. Id.
Rule 281 permits the jury to take exhibits admitted in evidence into the jury room for deliberations, except depositions of witnesses, or parts of papers that were not read into evidence. See Tex. R. Civ. P. 281. However, only writings actually admitted in evidence may be sent to the jury room. Id. The record does not show that the documents appellant complains about were ever admitted in evidence at trial. Indeed, appellant's brief indicates she did not offer the records in evidence at trial. Therefore, appellant has failed to show the trial court committed error by excluding the documents from the jury room.
We conclude appellant has failed to show the trial court committed reversible error. Tex. R. App. P. 44.1. We overrule her sole issue and affirm the trial court's judgment.
JIM MOSELEY
JUSTICE
101225F.P05
Court of Appeals Fifth District of Texas at Dallas JUDGMENT
CAROLYN A. MORRIS, Appellant
V.
LIBERTY MUTUAL FIRE INSURANCE COMPANY, Appellee
No. 05-10-01125-CV
Appeal from the 14th Judicial District Court of Dallas County, Texas. (Tr.Ct.No. 07- 03975-A).
Opinion delivered by Justice Moseley, Justices Lang and Myers participating.
In accordance with this Court's opinion of this date, the judgment of the trial court is AFFIRMED. It is ORDERED that appellee Liberty Mutual Fire Insurance Company recover its costs of this appeal from appellant Carolyn A. Morris.
Judgment entered March 7, 2012.
JIM MOSELEY
JUSTICE