At page 619 Admissibility of summary charts under evidence rules44 citing casesa general objection to a unit of evidence as a whole, ... which does not point out specifically the portion objected to, is properly overruled if any part of it is admissible
- Zhaohong Wu & Yanjing Zhou, Individually & as Next Friends of K. W. & E. W., Their Minor Child. v. Lumber Liquidators, Inc., Wood Floor Artisans, a Gen. P'ship Composed of Victor Martinez-Medina & Amber Lee Martinez, No. 14-20-00765-CV (Tex. App.—Houston [14th Dist.] June 25, 2024).published(‘A general objection to a unit of evidence as a whole . . . which does not point out specifically the portion objected to, is properly overruled if any part of it is admissible.’)
- in the Interest of D.P. & D.P., No. 09-22-00048-CV (Tex. App.—Beaumont July 28, 2022).published(A general objection to a unit of evidence as a whole, . . . which does not point out specifically the portion objected to, is properly overruled if any part of it is admissible.)
- in the Interest of K.R., A.R., G.L.C., Child., No. 13-17-00281-CV (Tex. App.—Corpus Christi Oct. 26, 2017).published(A general objection to a unit of evidence as a whole, . . . which does not point out specifically the portion objected to, is 10 properly overruled if any part of it is admissible.)
- Diane Lee v. Bobby Hoover, No. 11-22-00201-CV (Tex. App.—Eastland Oct. 5, 2023).published“A general objection to evidence as a whole, which does not point out specifically the portion objected to, is properly overruled if any part of [the offered] evidence is admissible.” Sunl Grp., 394 S.W.3d at 816 (citing Speier v. Webster…
- Jacy Gates v. Denise McDonald & Diana Dobbins, 674 S.W.3d 420 (Tex. App.—Eastland 2023).published“A general objection to a unit of evidence as a whole, . . . which does not point out specifically the portion objected to, is properly overruled if any part of it is admissible”
- Union Pac. R.R. Co. v. Betty Chenier, 649 S.W.3d 440 (Tex. App.—Houston [1st Dist.] 2022).publishedMotors Corp. v. Harper, 61 S.W.3d 118, 126 (Tex. App.—Eastland 2001, pet. denied) (citing Speier v. Webster Coll., 616 S.W.2d 617, 619 (Tex. 1981)) (a general objection to evidence that does not specify the objectionable portion is properl…
- Peter Beasley v. Soc'y of Info. Mgmt., Dallas Area Chapter Janis O'Bryan & Nellson Burns, No. 05-19-00607-CV, 2020 WL 5087824 (Tex. App.—Dallas Aug. 28, 2020).publishedCtr., Ltd., 409 S.W.3d 790, 797 (Tex. App.—Dallas 2013, no pet.) (quoting Speier v. Webster College, 616 S.W.2d 617, 619 (Tex. 1981)).
- in the Interest of M.T.R., a Child v. Texas Dep't of Fam. & Prot. Servs., 579 S.W.3d 548 (Tex. App.—Houston [14th Dist.] 2019).publishedSpeier v. Webster College, 616 S.W.2d 617, 619 (Tex. 1981); In re L.M., No. 14-18-01047-CV, __ S.W.3d __, 2019 WL 1526426 , at *5 (Tex. App.—Houston [14th Dist.] Apr. 9, 2019, no pet. h.).
- T. W. v. Texas Dep't of Fam. & Prot. Servs., No. 03-18-00347-CV (Tex. App.—Austin Aug. 29, 2018).publishedSpeier v. Webster Coll., 616 S.W.2d 617, 619 (Tex. 1981); L.M., 2012 Tex. App. LEXIS 5683 , at *12.
- in the Interest of E.R.C., a Minor Child, 496 S.W.3d 270 (Tex. App.—Texarkana 2016).publishedSpeier v. Webster Coll., 616 S.W.2d 617, 619 (Tex.1981); Stovall & Assocs., P.C. v. Hibbs Fin.
Show 29 more citing cases
- in the Interest of K.M.-J. AKA K.M-J & D.A.R.-J. v. Dep't of Fam. & Prot. Servs., No. 01-15-00253-CV (Tex. App.—Houston [1st Dist.] July 10, 2015).publishedServs., 2012 WL 2923132 (Tex. App. – Houston [1st Dist.] 2012, no pet.) (citing Speier v. Webster Coll., 616 S.W.2d 617, 619 (Tex. 1981)).
- Sunl Grp., Inc. v. Zhejiang Yongkang Top Imp. & Exp. Co., 394 S.W.3d 812 (Tex. App.—Dallas 2013).published Speier v. Webster College, 616 S.W.2d 617, 619 (Tex.1981); In re K.L., No. 09-11-00083-CV, 2012 WL 1951111, at *6 (Tex. App.-Beaumont Mar. 16, 2012, pet. filed) (mem. op.).
- HealthTronics, Inc. v. Lisa Laser USA, Inc. & Lisa Laser Prods., OHG, 382 S.W.3d 567 (Tex. App.—Austin 2012).published (holding trial court did not abuse discretion by admitting chart into evidence that contained inadmissible portion because party did not specifically identify objectionable portion)
- In the Interest of K.L., 442 S.W.3d 396 (Tex. App.—Beaumont 2012).publishedSpeier v. Webster College, 616 S.W.2d 617, 619 (Tex.1981) (quoting Brown & Root, Inc. v. Haddad, 142 Tex. 624 , 180 S.W.2d 339, 341 (1944)).
- in the Interest of M.N., G.R. IV, & G. R., Child., No. 11-10-00129-CV (Tex. App.—Eastland Mar. 17, 2011).publishedSpeier v. Webster College, 616 S.W.2d 617, 619 (Tex. 1981); Gen.
- Jonathan A. Lawrence v. Geico Gen. Ins. Co., as Subrogee, No. 01-07-00873-CV, 2009 WL 1886177 (Tex. App.—Houston [1st Dist.] July 2, 2009).published Speier v. Webster College , 616 S.W.2d 617, 619 (Tex. 1981); Brown & Root, Inc. v. Haddad , 142 Tex. 624 , 180 S.W.2d 339, 341 (1944); Tex. Mun.
- In re M.P., 220 S.W.3d 99 (Tex. App.—Waco 2007).publishedBefore and since the adoption of the Rules of Evidence in 1982, 2 Texas courts in civil appeals have held, “A general objection to evidence as a whole, whether it be oral or documentary, which does not point out specifically the portion ob…
- In Re K.C.P., 142 S.W.3d 574 (Tex. App.—Texarkana 2004).publishedSpeier v. Webster Coll., 616 S.W.2d 617, 619 (Tex.1981); Gen.
- in the Interest of K.C.P. & J.D.P., Child., 142 S.W.3d 574 (Tex. App.—Texarkana 2004).publishedSpeier v. Webster Coll., 616 S.W.2d 617, 619 (Tex.1981); Gen.
- Robbie Eugene Brown v. State, No. 06-03-00208-CR (Tex. App.—Texarkana Oct. 22, 2003).unpublishedSpeier v. Webster Coll. , 616 S.W.2d 617, 619 (Tex. 1981); Gen.
- Gen. Motors Corp. v. Harper, 61 S.W.3d 118 (Tex. App.—Eastland 2001).publishedSpeier v. Webster College, 616 S.W.2d 617, 619 (Tex.1981); Brown & Root v. Haddad, supra. Even if its objections had been specific, GM failed to request a limiting instruction.
- Mike Cantu & Rachel Cantu v. Leah M. Shuttlesworth, No. 13-00-00461-CV (Tex. App.—Corpus Christi Aug. 2, 2001).unpublishedIn order to constitute a valid objection, it must first identify the exact part of the evidence that is objectionable, see Speier v. Webster College , 616 S.W.2d 617, 619 (Tex. 1981), and second, it must identify the legal principle that t…
- Leaird's, Inc. v. Wrangler, Inc., 31 S.W.3d 688 (Tex. App.—Waco 2000).published Speier v. Webster College, 616 S.W.2d 617, 619 (Tex.1981) (quoting Brown & Root, Inc. v. Haddad, 142 Tex. 624, 628 , 180 S.W.2d 339, 341 (1944)); accord Wolfe v. Wolfe, 918 S.W.2d 533, 542 (Tex.App.-El Paso 1996, writ denied).
- Church & Dwight Co., Inc. v. Huey, 961 S.W.2d 560 (Tex. App.—San Antonio 1998).published(a general objection to a unit of evidence as a whole, ... which does not point out specifically the portion objected to, is properly overruled if any part of it is admissible)
- Wolfe v. Wolfe, 918 S.W.2d 533 (Tex. App.—El Paso 1996).publishedSpeier v. Webster College, 616 S.W.2d 617, 619 (Tex.1981); Dyer v. Shafer, Gilliland, Davis, McCollum & Ashley, Inc., 779 S.W.2d 474, 477 (Tex.App.—El Paso 1989, writ denied).
- in the Matter of G. R. H., No. 03-92-00390-CV (Tex. App.—Austin Oct. 6, 1993).unpublished“A general objection to a unit of evidence as a whole . . . which does not point out specifically the portion objected to, is properly overruled if any part of it is admissible”
- Harvey v. Culpepper, 801 S.W.2d 596 (Tex. App.—Corpus Christi 1991).publishedSpeier v. Webster College, 616 S.W.2d 617, 619 (Tex.1981); Champlin Oil & Refining Co. v. Chastain, 403 S.W.2d 376, 389 (Tex.1966).
- Barnes v. State, 797 S.W.2d 353 (Tex. App.—Tyler 1990).publishedSpeier v. Webster College, 616 S.W.2d 617, 619 (Tex.1981).
- All Saints Episcopal Hosp. v. M.S., 791 S.W.2d 321 (Tex. App.—Fort Worth 1990).published“A general objection to a unit of evidence as a whole, ... which does not point out specifically the portion objected to, is properly overruled if any part of it is admissible”
- Niranjan Gadekar v. Smita Zankar, No. 12-16-00209-CV, 2018 WL 2440393 (Tex. App.—Tyler May 31, 2018).published See Speier v. Webster College, 616 S.W.2d 617, 619 (Tex. 1981).
- Stovall & Assocs., P.C. v. Hibbs Fin. Ctr., Ltd., 409 S.W.3d 790 (Tex. App.—Dallas 2013).published See id.
- L.M. & Y.Y. v. Dep't of Fam. & Prot. Servs., No. 01-11-00137-CV, 2012 WL 2923132 (Tex. App.—Houston [1st Dist.] July 12, 2012).published See Speier v. Webster Coll., 616 S.W.2d 617, 619 (Tex. 1981); Lawrence v. Geico Gen.
- In Re Eak, 192 S.W.3d 133 (Tex. App.—Houston [14th Dist.] 2006).publishedSee Speier v. Webster Coll., 616 S.W.2d 617, 619 (Tex.1981); Brown & Root, Inc., 180 S.W.2d at 341-42 ; City of Houston v. Wisnoski, 460 S.W.2d 488, 490-91 (Tex.App.-Houston [14th Dist.] 1970, writ ref'd n.r.e.); Gen.
- In the Interest of E.A.K., 192 S.W.3d 133 (Tex. App.—Houston [14th Dist.] 2006).publishedSee Speier v. Webster Coll., 616 S.W.2d 617, 619 (Tex.1981); Brown & Root, Inc., 180 S.W.2d at 341-42 ; City of Houston v. Wisnoski, 460 S.W.2d 488, 490-91 (Tex.App.-Houston [14th Dist.] 1970, writ ref'd n.r.e.); Gen.
- Sears, Roebuck & Co. v. Kunze, 996 S.W.2d 416 (Tex. App.—Beaumont 1999).publishedSee Speier v. Webster College, 616 S.W.2d 617, 619 (Tex.1981).
- Celotex Corp. v. Tate, 797 S.W.2d 197 (Tex. App.—Corpus Christi 1990).published
- Bryan T. Haye v. Elton Porter Marine Ins., No. 13-07-00310-CV (Tex. App.—Corpus Christi Mar. 5, 2009).published
- Texas Dep't of Pub. Saf. v. Sylvia Stella Guajardo, No. 13-09-00468-CV (Tex. App.—Corpus Christi July 29, 2010).published
- in the Interest of B.A.M., No. 09-17-00390-CV (Tex. App.—Beaumont Apr. 5, 2018).published
At page 618 Admissibility of summary charts reflecting oral testimony on damages10 citing cases“The court also held that the trial court committed reversible error in admitting into evidence a chart summarizing the oral testimony of the policemen on damages.”
- North Am. Van Lines, Inc. v. Emmons, 50 S.W.3d 103 (Tex. App.—Beaumont 2001).published Video animation and other demonstrative evidence that "summarize, or perhaps emphasize, testimony are admissible if the underlying testimony has been admitted into evidence, or is subsequently admitted into evidence." See Uniroyal Goodrich…
- Jeffrey Sharp v. Texas Dep't of Prot. & Regulatory Servs., No. 03-96-00292-CV (Tex. App.—Austin June 19, 1997).published Evid. 1006; Speier v. Webster College , 616 S.W.2d 617, 618 (Tex. 1981).
- Uniroyal Goodrich Tire Co. v. Martinez, 928 S.W.2d 64 (Tex. App.—San Antonio 1995).published Speier v. Webster College, 616 S.W.2d 617, 618-19 (Tex.1981).
- Sw. Bell Tel. Co. v. Vollmer, 805 S.W.2d 825 (Tex. App.—Corpus Christi 1991).publishedSpeier v. Webster College, 616 S.W.2d 617, 618-19 (Tex.1981).
- Houston Lighting & Power Co. v. Klein Indep. Sch. Dist., 739 S.W.2d 508 (Tex. App.—Houston [14th Dist.] 1987).publishedSpeier v. Webster College, 616 S.W.2d 617, 618 (Tex.1981).
- Wheat v. United States, 630 F. Supp. 699 (W.D. Tex. 1986).publishedAlthough Sanchez raises some ambiguity about the previously well-settled rule that to obtain damages for mental anguish *719 requires physical manifestations, see e.g., Speier v. Webster College, 605 S.W.2d 712, 713-15 (Tex.Civ.App. — East…
- Sanchez v. Schindler, 651 S.W.2d 249 (Tex. 1983).published Speier v. Webster College, 616 S.W.2d 617, 618 (Tex. 1981), aff'g in part, 605 S.W.2d 712, 713-14 (Tex.Civ.App. — Eastland 1980); Brown v. American Transfer & Storage Co., 601 S.W.2d 931, 939 (Tex.1980).
- Guillermo Cantu & Clemencia Cantu, Individually & on Behalf of the Est. of Raudel Cantu Cruz Rodriguez & San Juan Rodriguez, Individually & on Behalf of Ricardo & Cruz Rodriguez, Jr. & Jose Perales & Maria Anabely Perales, Ind. v. Gen. Motors Corp., No. 04-98-00259-CV (Tex. App.—San Antonio Jan. 13, 1999).unpublishedSee Speier v. Webster College , 616 S.W.2d 617, 618 (Tex. 1981); Champlin Oil & Refining Co. v. Chastain , 403 S.W.2d 376, 389 (Tex. 1965).
- Uniroyal Goodrich Tire Co. v. Martinez, 977 S.W.2d 328 (Tex. 1998).published See Speier v. Webster College, 616 S.W.2d 617, 618-19 (Tex.1981); Cooper Petroleum Co. v. LaGloria Oil & Gas Co., 436 S.W.2d 889, 891 (Tex.1969); Champlin Oil & Ref.
- Wheatfall v. State, 882 S.W.2d 829 (Tex. Crim. App. 1994).published
Other citing cases
- Shirley Adams, Charlene Burgess, Willie Mae Herbst Jasik, William Albert Herbst, Helen Herbst & R. May Oil & Gas Co., Ltd. v. Murphy Expl. & Prod. Co.-USA, a Delaware Corp., No. 04-15-00118-CV (Tex. App.—San Antonio Oct. 12, 2015).published
- Markey v. State, 996 S.W.2d 226 (Tex. App.—Houston [14th Dist.] 1999).published
v.
WEBSTER COLLEGE, Respondent
Lead Opinion
This is a deceptive trade practice case. Eleven San Antonio policemen[1] brought suit against Webster College for treble damages for misrepresentations made about its master’s degree program in criminal justice. Based on a jury verdict, the trial court rendered judgment against Webster College. The court of civil appeals reversed the judgment and remanded the cause to the trial court. 605 S.W.2d 712. We affirm that part of the judgment of the court of civil appeals denying the policemen recovery for mental anguish. We reverse that part of the judgment of the court of civil appeals holding the admission of a chart summarizing testimony into evidence was reversible error and, thus, we render judgment for the policemen.
In December 1977, Webster College operated a one-year master’s degree program in criminal justice at Brooks Air Force Base in San Antonio. It offered the program to civilians as well as military personnel. The policemen enrolled in the first eight-week[*618] semester of the program in anticipation of receiving a Master of Arts degree in Administration of Justice within the year. They attended classes at night while retaining their jobs with the San Antonio Police Department. Near the end of the first semester, Webster College notified the policemen that they would not be allowed to complete the program because the college could no longer offer courses to civilians. Several of the policemen immediately dropped out. The others finished the first semester but were not allowed to enroll for the next session.
The eleven policemen sued Webster College alleging damages for tuition, books, cost of travel to and from classes, time lost from employment, lost job opportunities, and mental anguish. The cause was submitted to the jury on special issues. The jury answered all liability issues against Webster College. They also found damages for each policeman for tuition, books, cost of travel to and from classes, and mental anguish. The jury did not find any damages for time lost from employment or lost job opportunities. The trial court trebled damages and rendered judgment on the verdict against Webster College for $174,-940 of which $165,000 represented recovery for mental anguish.
The court of civil appeals reversed the judgment of the trial court and remanded the cause for a new trial. The court of civil appeals held that the policemen were not entitled to recover damages for mental anguish because no evidence existed to support such relief. The court also held that the trial court committed reversible error in admitting into evidence a chart summarizing the oral testimony of the policemen on damages. For the reasons stated in its opinion, we affirm that part of the judgment of the court of civil appeals denying the policemen recovery for mental anguish.
The primary question presented here is whether it was error and, if so, reversible error for the trial court to admit into evidence a chart reflecting the oral testimony of the policemen on damages. During the course of trial, the attorney for the policemen prepared a chart which was placed within the view of the jury. The chart listed the eleven policemen with six blank spaces beside each name whereby damages for tuition, books, cost of travel to and from classes, time lost from employment, lost job opportunities, and mental anguish could be filled in. When each policeman testified on damages, the attorney would fill in the figure reflecting the policeman’s testimony into the appropriate blank space on the chart. After all the policemen had testified, all the blank spaces were filled in except those representing damages for lost job opportunities. At the end of trial, the trial court admitted the chart into evidence as “Plaintiffs’ Exhibit 11.” Webster College’s objections that the chart was not evidence were overruled. The trial court also permitted the jury to take the chart with them into the jury room during deliberations.[2]
Disposition of this case is controlled by Champlin Oil & Refining Co. v. Chastain, 403 S.W.2d 376 (Tex.1965). In that case, we held that “charts and diagrams designed to summarize or perhaps emphasize” the testimony of witnesses are, within the discretion of the trial court, admissible into evidence. Id. at 389; see also Cooper Petroleum Co. v. LaGloria Oil & Gas Co., 436 S.W.2d 889 (Tex.1969). This assumes, of course, that the testimony summarized is admissible and already before the jury. See Cooper Petroleum Co. v. LaGloria Oil & Gas Co., supra, and Conford v. United States, 336 F.2d 285, 287 (10th Cir. 1964). We recognize that such summaries are useful and oftentimes essential, particularly in complicated law[*619] suits, to expedite trials and to aid juries in recalling the testimony of witnesses. See Manges v. Willoughby, 505 S.W.2d 379, 383 (Tex.Civ.App.—San Antonio 1974, n. r. e.).
Webster College contends that visual aids such as the one used by the policemen which merely list items and amounts of damages sought are not admissible into evidence. As authority for this contention, it cites Harvey v. State, 389 S.W.2d 692 (Tex.Civ.App.—Dallas 1965, writ ref’d n. r. e.), where a chart summarizing testimony on damages was admitted into evidence. There, the court wrote:
“Nevertheless we have no difficulty in concluding that this chart was not admissible in evidence. It was not proof of any fact material to any issue being tried, being nothing more than the attorney’s memorandum of what a witness had testified. We can think of no purpose it would serve except to aid the jury to remember the testimony of a certain witness, and we agree with appellants’ counsel that the approval of such a practice would encourage the attorneys in every case to make similar charts of the testimony of all witnesses. This in our opinion would lead to much confusion, would unduly encumber records on appeal and would be contrary to the spirit, if not the letter, of Rule 281, Vernon’s Texas Rules of Civil Procedure.”
Although we agreed with the judgment of the court of civil appeals in Harvey, its language conflicts with our holding in Champlin Oil & Refining Co. v. Chastain, supra, and, to that extent, it is disapproved. The fact that a chart happens to summarize testimony on damages does not remove its admissibility from the discretion of the trial court. The type of testimony summarized is only one of many factors a trial court must consider in exercising its discretion. Consequently, to find error in this case, we must find that the trial court abused its discretion in admitting the chart into evidence.
Altogether the policemen sought to recover, and thus had the burden of proving sixty-six (66) items of damages. In the damage issue, the jury was asked to answer sixty-six (66) questions inquiring as to the amounts of damages, if any, sustained by the policemen on each of these items. For the items of damages that were found by the jury, the chart was helpful in aiding the jury in recalling testimony as to the exact amounts. In doing so, it enabled the jury to avoid mistakes in assessing damages. The fact that the chart may have emphasized the testimony of the policemen did not render the chart inadmissible. See Champlin Oil & Refining Co. v. Chastain, supra.
Webster College points out that one item of damages on the chart was filled in by the attorney without any testimony supporting it. We agree that the trial court committed error in admitting into evidence this portion of the chart, but such error was not properly preserved in the trial court for appellate review. Webster College’s only objection to the chart was that it was not evidence. “A general objection to a unit of evidence as a whole, ... which does not point out specifically the portion objected to, is properly overruled if any part of it is admissible.” Brown & Root, Inc. v. Haddad, 142 Tex. 624, 180 S.W.2d 339, 341 (1944). If a specific objection had been made, the trial court could have stricken the objectionable portion. Absent such an objection, Webster College cannot complain that the jury improperly considered it. Zamora v. Romero, 581 S.W.2d 742, 747 (Tex.Civ.App.—Corpus Christi 1979, writ ref’d n. r. e.). We hold the trial court did not abuse its discretion in admitting the chart into evidence.
We affirm that part of the judgment of the court of civil appeals denying the policemen recovery for mental anguish. We reverse that part of the judgment of the court of civil appeals holding the admission of the chart into evidence was reversible error and, thus, we render judgment for the policemen.
The policemen are: Charles C. Speier, Bruce W. Ritchey, Jr., Willie Smith, Jr., James A. Robinson, Jack Sumney, Don Brooks, Robert E. Rudewick, Thomas B. Foose, Alfred H. Do-mingues, Emil E. Fischer and Elton Simmons.
The question of whether the trial court erred in permitting the jury to take the chart with them into the jury room during deliberations is not before this Court. There was no objection in the trial court and no point of error in the briefs challenging its presence in the jury room. However, we note that in City of Denton v. Hunt, 235 S.W.2d 212 (Tex.Civ.App.—Fort Worth 1950, writ ref'd n. r. e.), it was held that a chart summarizing the oral testimony of a witness was not a deposition under Tex.R. Civ.P. 281 and, therefore, its presence in the jury room during deliberations was not error.
Rehearing
ON MOTION FOR REHEARING.
McGEE, Justice.Because Webster College was successful on appeal in reducing a $174,940 trial court[*620] judgment by $165,000, it urges by its motion for rehearing that it should not be required to pay all costs, but rather should pay costs on an allocated basis. Our original judgment decrees that Webster College “shall pay all costs in this Court and in the Court of Civil Appeals.”
We grant Webster College’s motion for rehearing in part. We amend our former judgment as to costs and change the last paragraph of the opinion to read:
That part of the trial court’s judgment awarding the policemen a recovery of $165,-000 as damages for mental anguish is reversed and judgment is here rendered that the policemen recover nothing for mental anguish. The trial court’s judgment is affirmed in all other respects. All costs are taxed one-half against the policemen and one-half against Webster College.