Prezelski v. Christiansen

I respectfully dissent. The majority has reversed on the basis of a trial ruling that was within the court’s discretion, even though we have only a partial statement of facts, and any error was harmless.

1. Discretion to permit witnesses out of order. The trial judge was well within her discretion in allowing the defense to call two expert witnesses out of order. Trial judges are given discretion in determining the order in which witnesses testify. Ochoa v. Winerich Motor Sales Co., 127 Tex. 542, 94 S.W.2d 416, 421 (1936); Baker v. Sturgeon, 361 S.W.2d 610, 614 (Tex.Civ.App.—Texarkana 1962, no…