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“[A]n appellate court cannot consider documents or hearings that are cited in the brief and attached as appendices if they are not formally included in the record on appeal.” Berardinelli v. Du Bois prescribed controlled substances to at least four patients while her certification was expired.
FACTUAL AND PROCEDURAL BACKGROUNDAs an initial matter, we note that Du Bois includes statements in her brief and appends to it documents that are not included in the record before this Court. She did not renew her certification until August 2015.
Du Bois, pro se, appeals the trial court's order granting summary judgment in favor of Martin Luther King, Jr., Family Clinic d/b/a Foremost Family Heath Centers (“Foremost”) in a suit Du Bois initiated after Foremost terminated her employment. Du Bois did not turn in her re-credentialing paperwork as required in August 2015.
Du Bois' Employment Agreement required Du Bois to have a controlled substances registration. Putting aside any question surrounding the rule set forth in Brooks, we conclude that the trial court did not abuse its discretion in excluding Baggett's letter and the DEA and DPS certificates. In order to give your profile every chance of success, it is visible to over-50s members of our general dating services using the same platform.For more information about the terms of your profile’s extended visibility and the way in which you can monitor this, click here. The record before us shows that Foremost is a community health center providing medical care to the underinsured population. App.—El Paso 2015, no pet.) (“documents attached to a brief as an exhibit or appendix, but not appearing in the appellate record, cannot be considered on appellate review”).