Flowers v. Flowers

GUITTARD, Chief Justice.

Appellant moves to vacate the judgment and remand the case for a new trial on the ground that, through no fault of his own, he has been unable to obtain a statement of facts because of loss of the official reporter’s notes. Appellee opposes the motion and presents his own “summary of the testimony,” which has been certified as correct by the trial judge. We hold that appellant is entitled to have the case reviewed on a question-and-answer statement of facts and that this right can be preserved in this case only by a new trial.

Appellant states that the grounds of his…