Opinion
PER CURIAM.
In our opinion in this case, delivered on January 15, 1962, Ark., 352 S.W.2d 826, 829, we said in next to the concluding paragraph:
'Treating this appeal as a petition for certiorari, it falls well within the cases cited supra and the petition for certiorari is hereby granted and the appellant is given sixty days to prepare and lodge with this court the entire record in this case when it will be submitted with briefs on its merits.'
Well within the sixty days allowed, the attorneys for the appellant Hyder applied to this Court for an extension of time in which to lodge the entire record; and such application is still pending. It is now made to appear to this Court, from affidavit of the Chancery Court Reporter, and from other evidence:
That the Chancery Court Reporter is unable, after long and diligent search, to find her shorthand notes in order to transcribe the same; that the witnesses testified in August 1960 before Judge Goza, who is now deceased; that it is impossible after Therefore, in the furtherance of justice, we now amend the paragraph in our opinion of January 15, 1962, as above copied; and in view of what is stated above, we direct that this entire cause be remanded to the Chancery Court for a new trial.