[Download] "Robert L. Christiansen v. Gloria and Martin Prezelski" by Supreme Court of Texas No. C-9246 # Book PDF Kindle ePub Free
eBook details
- Title: Robert L. Christiansen v. Gloria and Martin Prezelski
- Author : Supreme Court of Texas No. C-9246
- Release Date : January 10, 1990
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 66 KB
Description
This issue in this case is whether a court of appeals may properly find reversible error when it does not have a complete record of the case before it and the appellant has not complied with Tex. R. App. P. 53(d). We hold that it cannot. Accordingly, we grant the application for writ of error and, without hearing oral argument, we reverse the judgment of the court of appeals and render judgment for the Petitioner. See Tex. R. App. P. 339b). Robert L. Christiansen, D.D.S., performed oral surgery on Gloria Prezelski. She subsequently sued him for malpractice. Following a jury trial, judgment was rendered in Christiansen's favor. At trial, Prezelski called and examined Christiansen as an adverse witness. During his cross-examination of Christiansen, Christiansen's counsel advised the court that he would like to call his two expert witnesses, proceed with eliciting their testimony, and then complete his examination of Christiansen. The attorney explained that he had previously discussed this proposal with Prezelski, and that it was his understanding that he would be able to call his experts out of turn. This action was necessitated by a continuance sought and obtained by Prezelski; Christiansen's experts were from out of town and securing their attendance on another day would have been inconvenient.