Executive Mortgage and Financial Services., Inc. v. Charles E. Gallup--Appeal from Co Civil Ct at Law No 1 of Harris County

Opinion issued December 20, 2007

In The

Court of Appeals

For The

First District of Texas

____________

NO. 01-06-00761-CV

____________

EXECUTIVE MORTGAGE & FINANCIAL SERVICES, INC., Appellant

V.

CHARLES E. GALLUP, Appellee

On Appeal from the County Civil Court at Law No. 1

Harris County, Texas

Trial Court Cause No. 806526

MEMORANDUM OPINIONAppellant Executive Mortgage & Financial Services, Inc. timely appealed the trial court s August 16, 2006 judgment and duly requested the preparation of a clerk s record and reporter s record for its appeal. We granted extensions of time to prepare the reporter s record, and most recently, issued and unsuccessfully attempted to serve an order to file the reporter s record or appear and show cause.

Executive Mortgage has informed us that, following our issuance of the unserved order, the trial court held a hearing and made findings that: (1) the reporter who recorded the proceeding no longer serves in the trial court; (2) due to physical infirmity, she is unable to prepare the record; and (3) as a result, no record of the proceeding exists for the appeal. Based on these findings, the trial court, in an order signed September 7, 2007, conditionally granted Executive Mortgage a new trial, set for January 7, 2008.

Executive Mortgage requests that we return the cause so that it may avail itself of the relief granted by the trial court. Accordingly, without regard to the merits, we set aside the trial court s May 12, 2006 judgment and remand the cause for new trial.

PER CURIAM

Do not publish. Tex. R. App. P. 47.2(b).