Full Opinion

NUMBER 13-26-00391-CV COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI – EDINBURG VICTOR CAVAZOS ARENA, Appellant, v. ANDES GLOBAL TRADING LLC, Appellee. ON APPEAL FROM THE 275TH DISTRICT COURT OF HIDALGO COUNTY, TEXAS MEMORANDUM OPINION Before Justice Silva, Peña, and West Memorandum Opinion by Justice West Appellant Victor Cavazos Arena appeals an interlocutory order granting appellee Andes Global Trading LLC’s special appearance. Because the reporter’s record has been lost or destroyed, we reinstate the appeal, reverse the trial court’s judgment, and remand the cause for a new trial. After this appeal ensued, the court reporter provided notice to this Court that the record was lost or destroyed. We abated the case for the trial court to make determinations under Rule 34.6(f) which provides: An appellant is entitled to a new trial under the following circumstances: (1) if the appellant has timely requested a reporter’s record; (2) if, without the appellant’s fault, a significant exhibit or a significant portion of the court reporter's notes and records has been lost or destroyed or—if the proceedings were electronically recorded—a significant portion of the recording has been lost or destroyed or is inaudible; (3) if the lost, destroyed, or inaudible portion of the reporter’s record, or the lost or destroyed exhibit, is necessary to the appeal’s resolution; and (4) if the lost, destroyed or inaudible portion of the reporter’s record cannot be replaced by agreement of the parties, or the lost or destroyed exhibit cannot be replaced either by agreement of the parties or with a copy determined by the trial court to accurately duplicate with reasonable certainty the original exhibit. TEX. R. APP. P. 34.6(f). The trial court conducted a hearing wherein both parties appeared through counsel, and a letter from the court reporter was admitted providing that the relevant record is lost and unavailable because the hard drive containing the record was dropped and damaged. The trial court then issued an order containing the following findings: 1. A court reporter was present and made a record of the special–appearance hearing. 2. Plaintiff/Appellant timely requested preparation of the reporter’s record for purposes of appeal. 3. The reporter’s notes, recording, exhibits, or other materials necessary to be prepare [(sic)] the reporter’s record has subsequently been permanently lost. 2 4. The loss or destruction occurred without the fault of Plaintiff/Appellant or Defendant/Appellee. 5. It is unknown who attended the hearing, what evidence was offered, what objections were made, what evidence was admitted, what evidence was excluded. 6. The missing record is material to the trial court’s determination of Defendant’s special appearance. 7. The missing material is necessary for the court of appeals to review the order granting the special appearance. 8. The parties cannot agree upon an accurate replacement of the missing reporter’s record. 9. The trial court cannot determine with reasonable certainty the reconstruction of an accurate appellate record. Based on the trial court’s findings and supporting evidence, we conclude appellant is entitled to a new trial. See id.; Garza v. Vargas, 511 S.W.3d 80, 81 (Tex. App.—El Paso 2014, no pet.). Accordingly, we reinstate the appeal, reverse the trial court’s judgment, and remand the case for further proceedings. JON WEST Justice Delivered and filed on the 15th day of October, 2026. 3