In the Interest of J. M. S., etal., Children--Appeal from County Court at Law of Kleberg County

NUMBER 13-06-147-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG

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IN THE INTEREST OF J.M.S., ET AL., CHILDREN

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On appeal from the County Court at Law
of Kleberg County, Texas

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MEMORANDUM OPINION
Before Justices Rodriguez, Garza, and Vela
Memorandum Opinion Per Curiam

Appellant, Vera Shoemaker, perfected an appeal from a judgment entered by the County Court at Law of Kleberg County, Texas, in cause number 04-044-C. On June 14, 2006, appellant filed a motion for new trial based on an incomplete record. On November 2, 2006, this Court abated the appeal and remanded the case to the trial court to make findings on these issues: 1) if, without the appellant's fault, a significant portion of the court reporter's notes and records have been lost or destroyed or - if the proceedings were electronically recorded - a significant portion of the recording has been lost or destroyed or is inaudible; 2) if the lost, destroyed, or inaudible portion of the reporter's record is necessary to the appeal's resolution; and 3) if the lost, destroyed, or inaudible portion of the reporter's record cannot be replaced by agreement of the parties.

The trial court's findings and recommendations were received and filed in this Court on December 18, 2006. The trial court found that approximately one-half of the record was audible, the latter half of the proceeding was not complete and audible, and that the incomplete and inaudible portion of the record constituted a significant portion of the record, which cannot be reconstructed. The trial court recommended that because of the unavailability of a significant portion of the record, the case should be remanded for a new hearing.

The Court, having examined and fully considered the documents on file and the trial court's findings and recommendations, is of the opinion that the matter should be remanded for a new trial. Appellant's motion for a new trial based on an incomplete record is granted. The judgment of the trial court is REVERSED, and the cause is REMANDED for a new trial.

PER CURIAM

 

Memorandum Opinion delivered and

filed this the 29th day of March, 2007.