W. B. McCartney Oil Co. v. Renfrow

ON MOTION TO REMAND

MILLER, Judge.

Plaintiff appellant W. B. McCartney Oil Company, Inc. filed a motion to remand this suit to the District Court to retake certain testimony. The motion is unopposed. We remand.

McCartney alleges in its Motion to Remand that, at trial of this case, unbeknown to counsel and to the court reporter, the recording device was not properly functioning. Certain indispensable testimony is unavailable for transcription. McCartney attaches to its motion the sworn affidavit of the court reporter reciting that because of a mechanical malfunction in the recording device, a…