Opinion
No. 12-05-00308-CV
Opinion delivered February 28, 2006.
Appeal from the County Court of Henderson County, Texas.
Panel consisted of WORTHEN, C.J., GRIFFITH, J., and DeVASTO, J.
MEMORANDUM OPINION
In this appeal, Veronica Phillips appeals from a judgment entered in favor of Daniel Grant in a breach of contract case. On October 20, 2005, Phillips informed the Clerk of this Court that despite her extensive efforts to communicate with the court reporter, Halina Gonzales, regarding the status of the reporter's record, she had been unable to elicit any response. After several unsuccessful attempts by our Clerk to communicate with Ms. Gonzales, we remanded this cause to the trial court for a hearing pursuant to Texas Rule of Appellate Procedure 34.6(f). The trial court conducted the hearing on February 6, 2006, and a reporter's record of the hearing was filed on February 24, 2006.
The rules of appellate procedure provide that an appellant is entitled to a new trial where (1) the appellant timely requested a reporter's record; (2) without the appellant's fault, a significant portion of the court reporter's notes and records has been lost or destroyed; (3) the lost or destroyed portion of the reporter's record is necessary to the resolution of the appeal; and (4) the lost or destroyed portion of the reporter's record cannot be replaced by agreement of the parties. Tex.R.App.P. 34.6(f). After reviewing the record of the hearing on remand, we conclude that the Rule 34.6(f) requirements for a new trial have been satisfied. Accordingly, we reverse the judgment of the trial court and remand for a new trial.