Reversed in Part, Remanded, and Memorandum Opinion filed December 5 ,

2019
.

In The



## Fourteenth Court of Appeals

NO. 14

- 19

- 00833

- CV
IN THE INTEREST OF E.H., A CHILD
On Appeal from the 309th District Court

Harris County, Texas Trial Court Cause No. 2017

- 29859

M E M O R A N D U M O P I N I O N
This accelerated appeal arises from a final decree in a suit in which termination of the parent

- child relationship was at issue. See Tex. Fam. Code Ann. § 109.002(a

- 1)

. The trial court terminated the pa rental rights of S.H. (Mother) and R.A.G

. (Father), respectively, with respect to their son , E.H

. 1 The trial court also appointed the Texas Department of Family and Protective Services (the

“ Department ” ) to be E.H. ’ s managing conservator. Only Mother appeals. 2

1 We use initials to refer to the children and parents involved in this case

. See Tex. Fam. Code Ann. § 109.002(d); Tex. R. App. P. 9.8(b)(2)

. 2 Mother ’ s parental rights as to other children were terminated in two separate proceedings . Her appeals from those terminations were assigned to this court

. No. 14

- 19

- 0083 2

- CV, In the Interest2

Court reporter Tony Baiamonte III notified this court that he is unable to produce his portion of the reporter ’ s record (volumes 2, 5, and 6) because the electronic recording is inaudible. A n appellant is entitl ed to a new trial when she timely requests the reporter ’ s record, and, by no fault of the appellant, the reporter ’ s record has been lost or destroyed, is necessary for the appeal, and cannot be reconstructed. See Tex. R. App. P. 34.6(f); Gavrel v. Rodrigue z , 225 S.W.3d 758, 761 (Tex. App.

— Houston [14th Dist.] 2007, pet. denied) ; In re B.H. , No. 14

- 1 6

- 0101 1

- CV, 2017 WL 1015697 , *1 (Tex. App.

— Houston [14th Dist.] Mar. 14, 2017, no pet.) (mem. op.) (per curiam) ( reversing portion of judgment terminating appellant ’ s parental rights and granting appellant new trial because reporter ’ s record was lost or destroyed ).
On November 13, 2019 , we abated this appeal for the trial court to make findings under Texas Rule of Appellate Procedure 34.6(f). Supplemental cl erk ’ s and reporter ’ s records regarding those findings have been filed. The trial court found : (1) Mother timely requested a reporter ’ s record; (2) without Mother ’ s fault, a significant portion of the court reporter ’ s notes and recordings have been lost or destroyed or is inaudible; (3) the lost, destroyed , or inaudible portion of the reporter ’ s notes and recordings are necessary to the appeal ’ s resolution; and (4) the parties cannot agree on the replacement of the portions of the reporter ’ s notes or recordi ngs nor can the parties agree that the notes or recordings can be duplicated with reasonable certainty.
The trial court concluded that Mother is entitled to a new trial under Texas Rule of Appellate Procedure 34.6(f).

of A.S.G., and N.P.G ., Children ; and No. 14

- 19

- 00834

- CV, In the Interest of N.A.H., a Child

.3

In light of the trial court ’ s finding s, we REVERSE only that portion of the final decree terminating Mother ’ s parental rights to E.H. and REMAND this case to the trial court for a new trial to be held as to only those claims brought by the Department against Mother. See Tex. Fam. Code Ann. § 263.401(b

- 1). We leave the remainder of the decree undisturbed.
PER CURIAM
Panel consists of Chief Justice Frost and Justices Christopher and Bourliot

.