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Although entries on docket sheets may not be used to contradict trial court orders and are not generally considered to be trial court orders or findings, docket entries may be used by appellate courts to determine what transpired in the trial court. Haut v. Green Cafe Mgt., Inc., ___ S.W.3d ___, ___, 2012 WL 2109260 *6 (Tex.App.-Houston 14th Dist. June 12, 2012, n.p.h.) (citations omitted).

The court in Haut used the trial court docket entries, in part, to determine that the reporter's record on appeal was not a complete record of the testimony and evidence presented at trial. Thus, because the appeal involved a partial reporter's record, and because the appellant did not comply with the requirement of TRAP Rule 34.6 (requiring appellant to state the points or issues to be presented on appeal when requesting the record), the court on appeal analyzed appellant's issues in light of the presumption that "the omitted portions of the record are relevant and support the trial court's judgment" on issues in which evidentiary review is required. Id. at *7.

-- JoAnn Storey


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