In re the Marriage of Hill

PREWITT, Judge.

After trial the trial court entered an order dissolving the marriage of the parties and took under advisement the remaining issues. Thereafter, while in the custody of the trial judge, the tapes which recorded the trial were stolen. After the theft the trial court entered a decree deciding the remaining issues. Respondent then filed a motion for new trial which the trial court sustained “solely for the reason of the loss of the tape recordings”.

Appellant contends in two points relied on that granting a new trial was erroneous, (1) because the trial court “did not find that the…