Morgan Express, Inc. v. Elizabeth-Perkins, Inc.

GUITTARD, Justice.

In this appeal from a default judgment, the defendant seeks reversal on the ground *314that the testimony on which the judgment was based was not recorded and, consequently, no statement of facts is available for review of the sufficiency of the evidence. Plaintiff contends that defendant has not shown diligence, since the record fails to show that a narrative statement of the evidence could not have been obtained by agreement or by request to the trial judge under Texas Rules of Civil Procedure 377. We hold that defendant was not required to seek such a narrative statement…