Ayers Enterprises, Ltd. v. Adams

Deen, Judge.

1. We are first of all faced with a motion for affirmance by the appellee based on the following: Appellant’s notice of appeal directs that there be omitted from the record on appeal only "all photographs admitted into evidence” but it appears that the court reporter preparing the transcript was in fact instructed to and did omit from the record all documentary evidence of the appellee while including all that of the appellant. Among the omitted materials is the written contract between the parties on which the plaintiffs case is based, and which the appellant contends is in fact…