Supplemental Clerk’s Record

A year before trial, Investment Retrievers filed a business records affidavit and attached business records in a suit to recover on an assigned credit card debt. The trial court rendered judgment over the debtor’s objection that the business records affidavit was inadmissible because it was made by a third party. On appeal, new counsel argued that the judgment was not supported by evidence because the business records affidavit was not included in the clerk’s record. That deficiency was quickly cured through the filing of a supplemental clerk’s record, and the Court of Appeals defendant had failed to preserve other arguments by not objecting at the trial court or by not briefing them on appeal.

Parks v. Investment Retrievers, Inc., No. 05-14-00024-CV