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Barsema v. Susong3/10/1988
t was filed, evidently because, although plaintiffs had ordered daily transcripts, neither they nor the court reporter filed copies of the dailies or of the final transcript with the clerk. See C. SMITH, ARIZONA PRACTICE: CIVIL TRIAL PRACTICE ยง 713 (1986). When plaintiffs moved the court of appeals to allow them to supplement the record by filing a copy of the transcript, they did not explain the previous failure to file, and their motion was denied. Plaintiffs failed to move to supplement in this court until oral argument.
A decision involving the admission or exclusion of evidence, if erroneous, will not warrant reversal unless it affects a substantial right of the parties. State ex rel.
LaSota v. Arizona Licensed Beverage Association, 128 Ariz. 515, 627 P.2d 666 (1981); Rule 103(a). Given the number of experts who testified for the defense, we must agree with the court of appeals that, without a transcript, plaintiffs have failed to demonstrate that they were prejudiced by the error that limited cross-examination of a single witness.
The opinion of the court of appeals is approved, as supplemented by this opinion. The judgment is affirmed.
STANLEY G. FELDMAN, Vice Chief Justice
CONCURRING:
FRANK X. GORDON, JR., Chief Justice
JAMES DUKE CAMERON, Justice
WILLIAM A. HOLOHAN, Justice
JAMES MOELLER, Justice
none
[EDIT ]
MANDATE
The above cause was presented in your Court and was brought before the Court of Appeals, Division Two, No. 2 CA-CIV 5794, in the manner prescribed by law. That Court rendered its Opinion and caused the same to be filed on the 9th day of October, 1986.
A Petition for Review was granted by this Court on the 17th day of March, 1987. This Court rendered its Opinion and caused the same to be filed on the 10th day of March, 1988.
The time for filing of a motion for reconsideration has expired and no motion was filed.
NOW, THEREFORE, YOU ARE COMMANDED that such proceedings be had in said cause as shall be required to comply with the Opinion of this Court, a copy of the Opinion being attached hereto.
WITNESS, THE HONORABLE FRANK X. GORDON, JR. Chief Justice of the Supreme Court of the State of Arizona, this 8th day of April, 1988.
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