Order entered December 5, 2017
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-16-00118-CV
RMAX OPERATING, LLC, Appellant
V.
GAF MATERIALS CORPORATION OF AMERICA, Appellee
On Appeal from the 134th Judicial District Court
Dallas County, Texas
Trial Court Cause No. DC-13-04125
ORDER
The record in this case appears incomplete as it is missing the testimony by video
deposition of Jimmy Cobb and does not contain the video exhibit Plaintiff’s Exhibit 325, which
was played for the jury at volume 8, page 228, of the reporter’s record.
In volume 4, page 7, of the reporter’s record, the videotaped deposition of Jimmy Cobb
was played for the jury outside the presence of the court reporter. On pages 5 to 6 of volume 4,
Michael Lynn, the attorney for the plaintiff Rmax Operating, LLC, agreed to provide the court
reporter with “the transcript and marked portions.” However, the transcription of Jimmy Cobb’s
deposition does not appear to be in the clerk’s record or the reporter’s record. Accordingly, we
ORDER Vielica Dobbins, the official court reporter for the 134th District Court, to either (1) file
a supplemental reporter’s record containing the testimony of Jimmy Cobb or (2) notify this Court
in writing that the parties did not provide the deposition transcript and marked portions. The
supplemental record or written notification shall be filed in this Court by December 15, 2017.
Additionally, we ORDER Vielica Dobbins, the official court reporter for the 134th
District Court, to file, by December 15, 2017, a supplemental reporter’s record containing
Plaintiff’s Exhibit 325 in a playable format.
We DIRECT the Clerk of this Court to send a copy of this order to Vielica Dobbins, the
official court reporter for the 134th District Court, and to the Honorable Dale Tillery, Judge of
the 134th District Court.
/s/ DAVID L. BRIDGES
PRESIDING JUSTICE