Originally published by David Coale.
A litigant requested that the Fifth Court take judicial notice of information about the address of an entity; the Court declined to do so: “That document is not part of the summary-judgment evidence. We decline to take judicial notice of the document. ‘The Court of Appeals is not a trier of fact. “For us to consider evidence for the first time, never presented to the trial court, would effectively convert this Court into a court of original, not appellate jurisdiction.”‘ . . . Appellate courts may take judicial notice of documents outside the appellate record to determine their jurisdiction or to resolve matters ancillary to decisions that are mandated by law, such as calculation of prejudgment interest when the appellate court renders judgment. This case does not involve those situations.” Thornton v. Columbia Medical Center, No. 05-18-01010-CV (Sept. 12, 2019) (mem. op.).
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