In the Interest of T. M. C.

Pope, Judge.

Appellant, natural father of T. M. C., filed a motion and amended motion to modify an order of the juvenile court providing for the temporary custody of his minor daughter. Following the first day of the hearing on appellant’s motion, it was discovered that the tape used to record the proceedings had malfunctioned and that a portion of appellant’s testimony was unrecorded. Appellant, relying on OCGA § 15-11-28 (b), moved the court for a mistrial. The trial court denied appellant’s motion and certified its ruling for immediate review. We granted appellant’s application for…