W & F Transportation, Inc. v. Wilhelm

What happens when the parties agree not to record some of the proceedings at trial and then the losing party seeks to reverse the trial court’s judgment based on issues that relate to the unrecorded portion? The answer to this question determines the outcome of this case. In analyzing this issue, the court misstates and misapplies the general common-law rule governing the consideration and treatment of an appellate record that lacks portions of the trial proceedings. Furthermore, the court improperly infers an agreement by the parties that a record of closing arguments is not a necessary part…