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Estate of J.T. Neal and Neal Family Limited Partnership and Toad West Ltd. v. River Inn Association of Unit Owners D/B/A River Inn Resort and Conference Center and Geraldine Smallwood
Citation: Not availableDocket: 14-10-00307-CV
Court: Court of Appeals of Texas; January 24, 2011; Texas; State Appellate Court
Original Court Document: View Document
Reversed and remanded on January 25, 2011, the Fourteenth Court of Appeals ruled on the appeal involving the Estate of J.T. Neal, Neal Family Limited Partnership, and Toad West Ltd. (Appellants) against the River Inn Association of Unit Owners and Geraldine Smallwood (Appellees). The appeal stemmed from a judgment issued on December 21, 2009, with the reporter's record due by April 20, 2010. A substitute court reporter, Lou Ann Berry, reported pre-trial matters and requested extensions to file her record, ultimately failing to submit it. Berry indicated that her computer malfunction led to the loss of the record. Texas Rule of Appellate Procedure 34.6(f) allows for a new trial if specific conditions are met: (1) the appellant timely requested a reporter’s record; (2) significant portions of the record were lost without the appellant's fault; (3) the missing parts are necessary for the appeal; and (4) those portions cannot be replaced by agreement of the parties. The appellate court abated the appeal on December 16, 2010, directing the trial court to determine the facts regarding the missing record. At a January 5, 2011, hearing, Berry acknowledged the destruction of significant parts of the transcript, including crucial expert testimony related to the appellants' Daubert motion, which is central to the appeal. The trial court confirmed that all four conditions for a new trial under Rule 34.6(f) were satisfied. Consequently, the appellate court reversed the trial court's judgment and remanded the case for a new trial, citing precedents that similarly addressed the loss of reporter’s records. The panel included Justices Anderson, Seymore, and McCally.