Christiansen v. Prezelski

The 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. 133(b).

Robert L. Christiansen, D.D.S., performed oral surgery on Gloria Prezelski. She subsequently sued him for malpractice. Following a jury trial, judgment was…