IN THE INTEREST OF L.A.M.M. Minor GREENE COUNTY JUVENILE OFFICE v. C.M.M.

• Court: Missouri Court of Appeals
• Decided: June 7, 2022
• Docket: SD37486
• Status: Published

Opinion

IN THE INTEREST OF L.A.M.M., ) ) MINOR, ) ) GREENE COUNTY JUVENILE OFFICE, ) ) Respondent, ) ) vs. ) No. SD37486 ) C.M.M., ) ) Filed: June 7, 2022 Appellant. )

APPEAL FROM THE CIRCUIT COURT OF GREENE COUNTY

Honorable Calvin R. Holden, Judge

REVERSED AND REMANDED

C.M.M. ("Mother") appeals from the judgment terminating her parental rights

entered February 15, 2022. Although a transcript was filed with the Court on June 2,

2022, a significant portion thereof was missing. A certified transcriptionist with the

Office of State Courts Administrator stated that the sound recording equipment

malfunctioned for a period of nearly 90 minutes during trial. Both parties assert that a

reversal and remand is required under such circumstances, and we agree.

"Because it is unclear what evidence the trial court had before it, this [C]ourt may

not speculate on the evidentiary basis for the trial court's decision." Johnson v. Director of Revenue, 237 S.W.3d 291, 291 (Mo. App. S.D. 2007). Moreover, "[a]n

appealing party is entitled to a full and complete transcript for the appellate court's

review." Mandacina v. Pompey, 634 S.W.3d 631, 645 (Mo. App. W.D. 2021)

(quoting State v. Middleton, 995 S.W.2d 443, 466 (Mo. banc 1999)). "Where a party

is free from fault or negligence, has exercised due diligence in seeking to prepare the

record on appeal, and his right of appeal is prejudiced because a transcript of the

proceedings in the trial court cannot be prepared, a new trial should be granted."

Jackson v. Director of Revenue, 60 S.W.3d 707, 708 (Mo. App. S.D. 2001) (quoting

Dykes v. McNeill, 735 S.W.2d 213, 213-14 (Mo. App. S.D. 1987)); see also, In re

A.J.M., 158 S.W.3d 866, 867 (Mo. App. S.D. 2005). "The appropriate remedy when

'the record on appeal is inadequate through no fault of the parties' is to reverse and

remand the case to the trial court." Goodman v. Goodman, 165 S.W.3d 499, 501-02

(Mo. App. E.D. 2005) (quoting Oyler v. Director of Revenue, 10 S.W.3d 226, 228

(Mo. App. W.D. 2000)).

Conclusion

The judgment of the trial court is reversed and the case is remanded for a new

trial on the record.

MARY W. SHEFFIELD, C.J. – OPINION AUTHOR

DON E. BURRELL, J. – CONCURS

JENNIFER R. GROWCOCK, J. – CONCURS