City of Lubbock v. Larry Ackers

Summary

The Court of Appeals for the Seventh District of Texas held that the requirements of Texas Rule of Appellate Procedure 34.6(f) were satisfied because a significant portion of the reporter’s record was lost through no fault of the appellant, was necessary to resolve the appeal, and could not be replaced by agreement. The court granted the City of Lubbock’s motion, reversed the judgment, and remanded the case for a new trial.

Holdings

1. The requirements of Texas Rule of Appellate Procedure 34.6(f) were satisfied, entitling the City to a new trial.

Questions Presented

1. Whether the requirements of Texas Rule of Appellate Procedure 34.6(f) were satisfied so that the City was entitled to a new trial because a significant, necessary portion of the reporter's record had been lost or destroyed without the City's fault and the parties could not agree on a replacement.

Disposition

reversed_and_remanded