In re Estate of Reeck

Before we address the merits of this case, we must first inquire as to whether the court of appeals abused its discretion in denying appellant’s motion to supplement the record. The court of appeals refused to consider appellant’s assignment of error challenging the distribution of the insurance proceeds because the record did not contain Reeck’s insurance contract.

App. R. 9(E) grants an appellate court the power to conform the record so that material inadvertently omitted is included. The rule is to be construed liberally. As this court stated in DeHart v. Aetna Life Ins. Co. (1982), 69 Ohio…