Texas Supreme Court

Emmanuel Ginn, a & R Transport, Inc., Keith Jackson, Steve Brantley, Petitioners v. Jeff Forrester and Kim…

March 27, 200952 Tex. Sup. Ct. J. 491

Summary

The Texas Supreme Court held that a clerk’s notation that records are unavailable does not constitute error on the face of the record for a restricted appeal, and that the absence of affirmative proof of notice likewise fails to establish such error. Accordingly, the Court reversed the Court of Appeals and dismissed the case.