Lynch v. O’Hare
Dallas Court of Appeals, No. 05-17-00175-CV (January 18, 2018)
Justices Francis, Evans, and Boatright (Opinion linked here)
EX. R. APP. P. 13.1 (regarding reporters’ duties) and 34.6(f) (addressing the effect of a lost or destroyed reporter’s record). But the Dallas Court of Appeals explained that Rule 13.1 did not require a reporter’s record to be made of a summary judgment hearing. To the contrary, the Court said, “a reporter’s record is neither necessary nor appropriate to the purposes of a summary judgment hearing.” And because all parties agreed no reporter’s record had ever been prepared, none was (or could be) lost or destroyed. So, Rule 34.6(f) did not apply. Summary judgment affirmed.