Quattlebaum v. Cowart

Benham, Judge.

This appeal follows this court’s grant of appellant’s application for interlocutory review of the trial court’s denial of his motion for partial summary judgment.

1. After the appeal was filed, appellees’ counsel became cognizant of the fact that twelve depositions had never been filed in the trial court. Counsel notified the trial court who, at the request of counsel for appellant and appellee, ordered the depositions filed and sent to the appellate court as supplementary record. However, because there is no evidence that the depositions were available to the trial court when it…