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  5. 933 S.W.2d 162 (1996)
 

GILLEN v. WILLIAMS BROS. CONST. CO., INC.

No. 14-95-00330-CV.

933 S.W.2d 162 (1996)

Peter Robert GILLEN, Jr., Appellant, v. WILLIAMS BROTHERS CONSTRUCTION COMPANY, INC., Appellee.

Court of Appeals of Texas, Houston (14th Dist.).

Rehearing Overruled March 21, 1996.

Attorney(s) appearing for the Case

David W. Holman, Craig Lewis, Houston, for appellant.

Shelley Rogers, Richard Sheehy, Houston, for appellee.

Before YATES, FOWLER and O'NEILL, JJ.

OPINION

PER CURIAM.

This is an appeal from a take-nothing judgment. After this court granted three extensions of time to file the statement of facts, appellant, Peter Robert Gillen, Jr. (Gillen), moved for summary reversal and remand for new trial because the court reporter cannot produce the statement of facts from the trial of this case. We grant the motion, reverse the judgment, and remand for new trial.

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