Seymour v. Gillespie, 608 S.W.2d 897 (Tex. 1980). · Go Syfert
Seymour v. Gillespie, 608 S.W.2d 897 (Tex. 1980). Cases Citing This Book View Copy Cite
45 citation events (19 in the last 25 years) across 3 distinct courts.
Strongest positive: BAM Heavy Equipment and Repair, LLC and Bert T. Johnson v. Michael E. Jackson (texapp, 2021-07-29)
Treatment trajectory · 1982 → 2026 · click a year to view as-of
1982 2004 2026
Top citers, strongest first. 22 distinct citers. How cited ↗
discussed Cited as authority (rule) BAM Heavy Equipment and Repair, LLC and Bert T. Johnson v. Michael E. Jackson (2×) also: Cited "see"
Tex. App. · 2021 · confidence medium
Seymour v. Gillespie, 608 S.W.2d 897, 898 (Tex. 1980).
discussed Cited as authority (rule) San Sebastion Realty Co., Inc. v. Roel Huerta and Rosa M. Huerta (2×)
Tex. App. · 2015 · confidence medium
Healthcare, Inc. v. Childs, 929 S.W.2d 442 (Tex. 1996) …. iii, iv Seymour v. Gillespie, 608 S.W.2d 897, 898 (Tex. 1980) …. 25 Rogers v. Bradley, 909 S.W.2d 872 (Tex. 1995) …. (n. 9) 36 Valence Operating Company v. Dorsett, 164 S.W.3d 656, 661 (Tex. 2005) …. 12, 28 Texas Courts of Appeals Dolcefino v. Kelley; 19 S.W.3d 906, 925 (Tex. App.-Houston [14th Dist.] 2000, pet. denied) …. 14, 17 vii Index of Authorities (cont’d.) Eaton Metal Products v. U.S. Denro Steels, No. 14-09-00757-CV (Tex. App.-Houston [14th Dist.] 2010, n.w.h.) (mem. op., not designated for publication) …. 17 Esty…
cited Cited as authority (rule) in the Interest of A.A., D.A. and J.A., Children
Tex. App. · 2013 · confidence medium
Seymour v. Gillespie, 608 S.W.2d 897, 898 (Tex. 1980).
cited Cited as authority (rule) Boma A. Opuiyo v. Houston Auto M. Imports, Ltd. D/B/A/ Mercedes-Benz of Houston Greenway and Mercedes-Benz USA, LLC
Tex. App. · 2011 · confidence medium
Evid. 103(a)(1); Seymour v. Gillespie , 608 S.W.2d 897, 898 (Tex. 1980).
cited Cited as authority (rule) Melvin Houston and Houston Synthesized Investments, LLC v. Christine Badeaux Ludwick
Tex. App. · 2010 · confidence medium
Evid. 103(a)(1); Seymour v. Gillespie , 608 S.W.2d 897, 898 (Tex. 1980).
cited Cited as authority (rule) Town of Flower Mound, Texas v. Tom Teague and David Burkett
Tex. App. · 2003 · confidence medium
Evid. 103(a)(1); Seymour v. Gillespie, 608 S.W.2d 897, 898 (Tex. 1980); In re Bates, 555 S.W.2d 420, 432 (Tex. 1977).
cited Cited as authority (rule) Town of Flower Mound, Texas v. Tom Teague and David Burkett
Tex. App. · 2003 · confidence medium
Evid. 103(a)(1); Seymour v. Gillespie, 608 S.W.2d 897, 898 (Tex. 1980); In re Bates, 555 S.W.2d 420, 432 (Tex. 1977).
cited Cited as authority (rule) Town of Flower Mound v. Teague
Tex. App. · 2003 · confidence medium
Evid. 103(a)(1); Seymour v. Gillespie, 608 S.W.2d 897, 898 (Tex.1980); In re Bates, 555 S.W.2d 420, 432 (Tex.1977).
discussed Cited as authority (rule) Campbell v. Salazar
Tex. App. · 1997 · confidence medium
Seymour v. Gillespie, 608 S.W.2d 897, 898 (Tex.1980); Thoma, In re, 873 S.W.2d 477, 486-87 (Tex.Rev.Trib.1994); Interest of T.L.H., 630 S.W.2d 441, 447 (Tex.Civ.App.—Corpus Christi 1982, writ dism’d w.o.j.).
discussed Cited as authority (rule) In Re Thoma
Tex. · 1994 · confidence medium
Seymour v. Gillespie, 608 S.W.2d 897, 898 (Tex.1980); see also Cummings v. Jess Edwards, Inc., 445 S.W.2d 767 (Tex.Civ.App.—Corpus Christi 1969, writ ref'd n.r.e.); Interest of T.L.H., 630 S.W.2d 441, 447 (Tex.Civ.App.—Corpus Christi 1982, writ dism’d w.o.j.).
discussed Cited as authority (rule) Boarder to Boarder Trucking, Inc. v. Mondi, Inc. (2×)
Tex. App. · 1992 · confidence medium
Seymour v. Gillespie, 608 S.W.2d 897, 898 (Tex.1980).
discussed Cited as authority (rule) Commonwealth v. Allen
Mass. App. Ct. · 1986 · confidence medium
Ct. App. 1982) (partial inaudibility of a tape recording insufficient ground for excluding otherwise properly admissible evidence; *423 order excluding recording quashed); Seymour v. Gillespie, 608 S.W.2d 897, 899 (Tex. 1980) (error for trial judge to exclude partially inaudible tape recording, much of which was understandable, where it was the only “unbiased evidence”).
cited Cited as authority (rule) Ballard v. King
Tex. · 1983 · signal: cf. · confidence medium
Cf. Seymour v. Gillespie, 608 S.W.2d 897, 898-99 (Tex.1980).
discussed Cited "see" Solcius, LLC and GoodLeap, LLC (Formerly Known as LOANPAL) v. Salvador Meraz
Tex. App. · 2023 · signal: see · confidence high
See Howe v. Howe, 551 S.W.3d 236, 252 (Tex. App.—El Paso 2018, no pet.) (citing Seymour v. Gillespie, 608 S.W.2d 897, 898 (Tex. 1980) (authentication is one of the evidence-predicate objections that must be specifically raised); Morales v. Rice, 388 S.W.3d 376, 381 (Tex. App.—El Paso 2012, no pet.) (appellant waived authentication error where it was not raised in the trial court; see generally TEX.
discussed Cited "see" Howe v. Howe
Tex. App. · 2018 · signal: see · confidence high
See Seymour v. Gillespie , 608 S.W.2d 897 , 898 (Tex. 1980) (authentication is one of the evidence predicate objections which must be specifically raised); Morales v. Rice , 388 S.W.3d 376 , 381 (Tex.App.-El Paso 2012, no pet.) (appellant waived authentication error where it was not raised to trial court); Williams v. County of Dallas, 194 S.W.3d 29 , 32 (Tex.App.-Dallas 2006, pet. denied) (same).
cited Cited "see" Alfredo Mekdessi A/K/A Fouad Mekdessi, Individually and D/B/A FM Express Food Mart, Inc., and FM Express Food Mart, Inc. v. RISC, Inc. a D/B/A of Rigg Insurance Managers, Inc.
Tex. App. · 2003 · signal: see · confidence high
See Seymour v. Gillespie , 608 S.W.2d 897, 898 (Tex. 1980); Waldon v. City of Longview , 855 S.W.2d 875, 878 (Tex. App.—Tyler 1993, no writ.).
cited Cited "see" Alfredo Mekdessi A/K/A Fouad Mekdessi, Individually and D/B/A FM Express Food Mart, Inc., and FM Express Food Mart, Inc. v. RISC, Inc. a D/B/A of Rigg Insurance Managers, Inc.
Tex. App. · 2003 · signal: see · confidence high
See Seymour v. Gillespie , 608 S.W.2d 897, 898 (Tex. 1980); Waldon v. City of Longview , 855 S.W.2d 875, 878 (Tex. App.--Tyler 1993, no writ.).
discussed Cited "see" Chance v. Chance (2×)
Tex. App. · 1995 · signal: see · confidence high
See and compare Seymour v. Gillespie, 608 S.W.2d 897 (Tex.1980).
cited Cited "see" Old Republic Insurance Co. v. Franklin
Tex. App. · 1987 · signal: see · confidence high
See Seymour v. Gillespie, 608 S.W.2d 897, 898 (Tex.1980); Matter of Bates, 556 S.W.2d 420, 432 (Tex.1977).
discussed Cited "see, e.g." in the Interest of W.J.H., Jr., J.J.H., D.D.H., and D.N.H., Children
Tex. App. · 2003 · signal: see also · confidence medium
Code Ann. § 263.405(f). 19: See id. 263.405(g). 20: Tex. Gov’t Code Ann. § 311.021(3) (Vernon 1998) ; D.R.L.M. , 84 S.W.3d at 290 . 21: D.R.L.M. , 84 S.W.3d at 290 . 22: See Banda v. Garcia , 955 S.W.2d 270, 272 (Tex. 1997) (holding that complaint on appeal must be same as that raised in trial court and that appellate court cannot reverse based on complaint not raised in trial court); see also Seymour v. Gillespie , 608 S.W.2d 897, 898 (Tex. 1980) (stating that “[a] general objection to an insufficient predicate will not suffice”). 23: Mancorp, Inc. v. Culpepper , 802 S.W.2d 226, 230 (…
discussed Cited "see, e.g." in the Interest of W.J.H., Jr., J.J.H., D.D.H., and D.N.H., Children
Tex. App. · 2003 · signal: see also · confidence medium
See Banda v. Garcia, 955 S.W.2d 270, 272 (Tex.1997) (holding that complaint on appeal must be same as that raised in trial court and that appellate court cannot reverse based on complaint not raised in trial court); see also Seymour v. Gillespie, 608 S.W.2d 897, 898 (Tex.1980) (stating that "[a] general objection to an insufficient predicate will not suffice”). 23 .
discussed Cited "see, e.g." In Re WJH
Tex. App. · 2003 · signal: see also · confidence medium
P. 34.6(c). [15] See CMM Grain Co. v. Ozgunduz, 991 S.W.2d 437, 439 (Tex.App.-Fort Worth 1999, no pet.); see also In re R.C., 45 S.W.3d 146 , 148 (Tex.App.-Fort Worth 2000, no pet.), overruled by Bennett, 96 S.W.3d at 229 . [16] See Bennett, 96 S.W.3d at 229 . [17] D.R.L.M., 84 S.W.3d at 289 . [18] Tex. Fam.Code Ann. § 263.405(f). [19] See id. 263.405(g). [20] Tex. Gov't Code Ann. § 311.021 (3) (Vernon 1998); D.R.L.M., 84 S.W.3d at 290 . [21] D.R.L.M., 84 S.W.3d at 290 . [22] See Banda v. Garcia, 955 S.W.2d 270, 272 (Tex.1997) (holding that complaint on appeal must be same as that raised in …
Retrieving the full opinion text from the archive…
Jim SEYMOUR and James Vowell, Petitioners,
v.
R. L. GILLESPIE, Respondent
B-8806.
Texas Supreme Court.
Sep 12, 1980.
608 S.W.2d 897
1980 Tex. LEXIS 430
Danny M. Womack and John McClish, Austin, for petitioners., George Chandler, Lufkin, for respondent.
Campbell.
Cited by 31 opinions  |  Published
CAMPBELL, Justice.

Jim Seymour and James Vowell brought this suit against R. L. Gillespie claiming damages for personal injuries arising from assault and battery. The trial court rendered a take nothing judgment for Gillespie and the Court of Civil Appeals affirmed. 584 S.W.2d 528. We reverse the judgment of the Court of Civil Appeals and remand the cause to the trial court.

The only question in this case is whether the trial court committed reversible error in[*898] excluding a tape recording of the conversation and sounds that occurred during the alleged assault and battery. In 1970, Seymour and Vowell were making a film to be entitled “The Big Thicket” for the Texas Historical Society. As a part of this project they went to a small sawmill owned by Gillespie, near Honey Island in East Texas. While there, an affray took place, resulting in this lawsuit. Seymour and Vowell contend that the defendant committed an assault and battery against them. Gillespie alleges an entirely different version of the facts.

The trial judge, in a jury trial, would not admit the tape in evidence. The reasons given were that the tape was self-serving, that the persons being recorded did not identify themselves during the recording, one of the parties did not know he was being recorded, and because “Some of it is very garbled and it is ununderstandable to the court.” The Court of Civil Appeals, relying on Cummings v. Jess Edwards, Inc., 445 S.W.2d 767 (Tex.Civ.App.—Corpus Christi 1969, writ ref’d n.r.e.), held that under the circumstances it was unable to say the trial court abused its discretion in refusing to admit the tape recording.

Tape recordings which are a fair representation of a transaction, conversation or occurrence are admissible. A fair representation may be shown by these elements: (1) a showing that the recording device was capable of taking testimony; (2) a showing that the operator of the device was competent; (3) establishment of the authenticity of the correctness of the recording; (4) a showing that changes, additions, or deletions have not been made; (5) a showing of the manner of the preservation of the recording; (6) identification of the speakers; and (7) a showing that the testimony elicited was voluntarily made without any kind of inducement. See Cummings v. Jess Edwards, Inc., 445 S.W.2d 767 (Tex.Civ.App.—Corpus Christi 1969, writ ref’d n.r.e.). Some of these elements may be inferred and need not be shown in detail. For example, if a person who hears and records a conversation or hears a conversation and á recording of the conversation, testifies the recording is a fair representation of the conversation, it can be inferred the recording device was capable of taking testimony and the operator was competent. The voluntary nature of the conversation may be inferred from the facts and circumstances of each case. See Edwards v. State, 551 S.W.2d 731 (Tex.Cr.App.1977).

A general objection to an insufficient predicate will not suffice. Specific objections must be made. In the Matter of Bates, 555 S.W.2d 420 (Tex.1977).

This Court, in In the Matter of Bates, supra, held that recording of conversations by one party to the conversation is not an invasion of privacy, is not illegally obtained and, under circumstances such as these, the testimony of the unknowing party is freely given. Therefore, the recordings are not objectionable for these reasons.

The Court of Civil Appeals held that it was unable to say the trial judge had abused its discretion, under the circumstances, because the trial judge stated “Some of it is very garbled and it is unun-derstandable to the Court” and the county sheriff testified “but I couldn’t understand heads nor tails on it because all of it was loud scratching and fussing. . . . ” That court relied on Cummings v. Jess Edwards, Inc., 445 S.W.2d 767 (Tex.Civ.App.—Corpus Christi 1969, writ ref’d n.r.e,), and quoted: “We further hold that exclusion of the tape recording, under the circumstances, was at least discretionary, and abuse of discretion by the trial court is not shown.” In that case a tape recording was offered to impeach the witness Rives only as to the whereabouts of Ruby James at the time of an accident. James did not claim to be an eyewitness to the accident or to the activities of the injured plaintiff or to the activities of the defendant’s employees immediately prior to the accident. That court stated “There was ample evidence aside from the testimony of Rives to support the contributory negligence findings against Cummings [injured plaintiff].” It was under those circumstances that the Cummings [*899] court held that the exclusion of the tape recording was at least discretionary.

However, the circumstances in the present case are entirely different. The only witnesses to the alleged assault and battery were the persons involved. The testimony from each side was sharply controverted. The only unbiased evidence available was a tape recording. The recording is a part of our record. While some of it is “ununderstandable,” much of it is understandable.

We conclude the trial court erred in excluding this evidence. From an examination of the entire record we conclude the error amounted to such a denial of the rights of Seymour and Vo well as was reasonably calculated to cause and probably did cause the rendition of an improper judgment. Rule 503, T.R.C.P.

The judgments of the courts below are reversed and the cause is remanded to the trial court for a new trial.