The appellant previously raised the issue of inaccurate transcripts in a motion filed prior to submission of the appeal for consideration. On October 13, 2023, we denied the motion to supplement the record on appeal, noting, in part, that “A court reporters audio tapes of trial testimony do not properly form part of the record on appeal. See, e.g., La. R.S. 13:961(C); La. C.C.P. Art. 2127.1.”
In her motion for reconsideration, the appellant fails to offer any proof as to inaccuracies in the record on appeal. The Clerk of Court for the 40th Judicial District Court certified that the record is a true copy of the original record and includes all the pleadings, evidence and documents in the case. Additionally, the transcripts all contain the multiple official court reporters certifications that the transcripts are true and accurate. Given these certifications and absent any proof of inaccuracies, we must presume the appellate record before us is correct. Accordingly, this Court is unable to conclude that the certified record is incorrect or contains misstatements. See Karagiannopoulos v. State Farm Fire & Cas. Co., 94-1048 (La. App. 5 Cir. 11/10/99), 752 So.2d 202, 207-08, writs denied, 99-2866 (La. 12/10/99), 752 So.2d 165, 99-3474 (La. 2/11/00), 754 So.2d 940; Bedi v. Price, 19-138 (La. App. 5 Cir. 10/2/19), 282 So.3d 323, 327. The appellants motion for reconsideration is denied. FIFTH CIRCUIT
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CURTIS B. PURSELL CLERK OF COURT
23-CA-397
E-NOTIFIED
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Honorable Vercell Fiffie (District Judge)
Vercell Fiffie (Appellee)
Louis R. Koerner, Jr. (Appellant)
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MOLAISON, J.