CarStar Collision v. Mercury Finance Co

In CarStar Collision v. Mercury Finance Co., 23 S.W.3d 368 (Tex. App.--Houston [1st Dist.] 1999, pet. denied), a timely notice of appeal was taken from a post-answer default judgment. The appellant discovered that the court reporter was not requested to record any testimony and therefore, no record was made. The Court held that, "if the judgment is rendered after presentation of evidence to the court in the absence of the appellant and his attorney, the failure to have the court reporter present to make a record constitutes reversible error." Id. at 370. Further, "such error is not harmless because, without a reporter's record, this Court is unable to determine if sufficient evidence was submitted to support the judgment." Id.