Narrative Opinion Summary
This case involves an appellant, Benita Smith Saucier Chambers, who sought to remand her appeal due to the absence of a crucial transcript from a hearing concerning a custody modification and child support termination request initiated by Eric Paul Saucier. Following the hearing on August 2, 1993, a judgment was rendered on August 22, 1994, which was subsequently appealed. However, the appellant was informed on January 11, 1995, that the transcript had been lost. The appellant filed a motion on November 9, 1995, to remand for a new trial, arguing that the missing record hindered her appellate rights. Citing LSA-C.C.P. art. 2161, the court determined that while the appeal itself could not be dismissed due to the incomplete record, it was appropriate to remand the case for either record correction or a new trial. The decision to remand was made with specific instructions, and the court deferred the costs associated with the appeal until a final determination on the merits was reached, ensuring procedural fairness in the absence of the transcript.
Legal Issues Addressed
Deferral of Costs Pending Final Determinationsubscribe to see similar legal issues
Application: The court deferred the costs associated with the appeal until a final determination on the merits was achieved.
Reasoning: Costs associated with the appeal were deferred pending a final determination of the case's merits.
Lost or Missing Trial Transcripts and Appellate Proceduresubscribe to see similar legal issues
Application: The court addressed the issue of a missing trial transcript, which impeded the appellant's ability to pursue her appeal effectively.
Reasoning: On November 9, 1995, the appellant filed a motion to remand for a new trial. Citing precedent, the court noted that while evidence introduced at trial can be corrected, new evidence cannot be introduced once the appeal is filed.
Remand for Record Correction or Retrialsubscribe to see similar legal issues
Application: The absence of the trial transcript necessitated a remand for either correction of the record or a retrial, as per the procedural guidelines.
Reasoning: Under LSA-C.C.P. art. 2161, an appeal cannot be dismissed due to missing or incomplete records, but it can be remanded for retrial or record correction.