Consequences of a Missing Exhibit on Appeal

In First Heights Bank, FSB v. Gutierrez, 852 S.W.2d 596, 617 (Tex. App.-Corpus Christi 1993) the missing exhibits were drawings purporting to illustrate a witness's testimony. See id. The court held that the drawings merely duplicated the testimony. See id. Additionally, a missing exhibit is not material to an appeal when the content of the exhibit, through testimony, is in the record. See Galvan v. State, 988 S.W.2d 291, 298 (Tex. App.-Texarkana 1999, pet. ref'd).