Wal-Mart Stores, Inc. v. Lydia G. Villa--Appeal from 79th Judicial District Court of Brooks County

99-00930 Wal-Mart Stores v Villa.wpd No. 04-99-00930-CV
WAL-MART STORES, INC.,
Appellant
v.
Lydia G. VILLA,
Appellee
From the 79th Judicial District Court, Brooks County, Texas
Trial Court No. 97-01-07605-CV
Honorable Terry A. Canales, Judge Presiding

PER CURIAM

Sitting: Phil Hardberger, Chief Justice

Tom Rickhoff, Justice

Alma L. L pez, Justice

Delivered and Filed: August 16, 2000

REVERSED AND REMANDED

Appellant timely perfected this appeal and timely requested a reporter's record. The reporter's record was not timely filed, and on May 22, 2000, this court held the court reporter in contempt for failing to file the reporter's record. Rule 34.6(f) of the Texas Rules of Appellate Procedure states that an appellant is entitled to a new trial under the following circumstances: (1) the appellant timely requested the reporter's record; (2) the reporter's record has been lost or destroyed; (3) the lost record is necessary to the appeal's resolution; and (4) the parties cannot agree on a complete reporter's record. See Tex. R. App. P. 34.6(f). Those circumstances exist in this case. The judgment of the trial court is reversed, and the cause is remanded for a new trial. See Tex. R. App. P. 34.6(f).

PER CURIAM

DO NOT PUBLISH