NO RECORD OF MSJ HEARING? NO PROBLEM.

Lynch v. O’Hare
Dallas Court of Appeals, No. 05-17-00175-CV (January 18, 2018)
Justices Francis, Evans, and Boatright (Opinion linked here)
Lynch lost his personal injury claim on summary judgment. No reporter’s record was made of the summary judgment hearing. Lynch argued the absence of that record prevented him from presenting meaningful issues and arguments on appeal and entitled him to a new trial. He relied on TEX. 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.

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