Yousif H. Alazzawi v. Shrooq F. M. Algharrawi

COURT OF APPEALS
                              EIGHTH DISTRICT OF TEXAS
                                   EL PASO, TEXAS
                                       ————————————
                                          No. 08-23-00326-CV
                                       ————————————
                                    Yousif H. Alazzawi, Appellant
                                                       v.
                                 Shrooq F. M. Algharrawi, Appellee


                              On Appeal from the 45th District Court
                                       Bexar County, Texas
                                 Trial Court No. 2019-CI-01827


                                  S UB S T I T UT E O P I NI O N 1

        Appellee Shrooq F. M. Algharrawi has filed a motion for rehearing. We deny Algharrawi’s

motion for rehearing, withdraw our opinion and judgment dated February 20, 2026, and substitute

the following opinion in its place.

        Pending before the Court is Appellant Yousif H. Alazzawi’s motion to remand for new trial

due to the loss of a portion of the reporter’s record. Because we agree that a significant and



1
  This case was transferred from the Fourth Court of Appeals pursuant to a docket equalization order issued by the
Supreme Court of Texas. See Tex. Gov’t Code Ann. § 73.001. We apply the precedent of the Fourth Court of Appeals
to the extent it conflicts with our own. See Tex. R. App. P. 41.3.
necessary portion of the record is lost and destroyed, we grant Alazzawi’s motion, reverse the trial

court’s judgment, and remand the cause for a new trial.

                                        I. BACKGROUND

       On October 26, 2023, Alazzawi filed a notice of appeal challenging a final decree of

divorce signed on September 26, 2023, and from an amended final protective order granted in

favor of Appellee Shrooq F. M. Algharrawi during the divorce proceeding. The reporter’s record

was originally due in this Court on January 24, 2024. On September 26, 2024, after numerous

extensions and other unsuccessful attempts to secure a record, David Laurel, the official court

reporter of the trial court, untimely filed a partial reporter’s record consisting of 17 volumes. With

his submission, Laurel notified this Court of inaccessible files, describing that the “records from

6/25/21 and 6/28/21 are unable to be opened by [his] stenographic software to be transcribed.”

Alazzawi subsequently filed a motion for new trial in this Court, pursuant to Rule 34.6(f) of the

Texas Rules of Appellate Procedure, on the basis that portions of the reporter’s record had been

lost or destroyed.

       Over the course of the following year, to enable this Court to resolve Alazzawi’s motion

and determine whether he was entitled to a new trial pursuant to Rule 34.6(f), we remanded the

case multiple times to obtain required findings from the trial court. For example, on November 12,

2024, we abated the appeal and remanded the case for an evidentiary hearing in the trial court. Our

abatement order requested findings of fact on whether portions of the record were lost or destroyed.

See Tex. R. App. P. 34.6(e) and (f). After holding a hearing, the trial court found that no parts of

the record had been irretrievably lost or destroyed, though some portions of the record had not yet

been transcribed. The court found that Zoom recordings of proceedings existed for certain missing

trial days and post-trial hearings. Specifically, it found that the transcripts for the June 25 and




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June 28, 2021 hearings—primarily consisting of testimony of Algharrawi translated from Arabic

to English through a translator—were corrupted on the reporter’s hard drive such that the English

translation provided by the certified translator was not clearly audible. It further found the record

could be reconstructed by translating Arabic responses into English from the Zoom recordings.

Moreover, similar findings were entered for missing hearings held on August 31, 2021, and

January 12, 2022, which were also recorded via Zoom and included portions of inaudible English

translations. Finally, the trial court found that a December 20, 2021 hearing was actually reported

by another court reporter and it could be available pending additional follow-up.

        Alazzawi thereafter filed a status update in this Court indicating there were additional

issues concerning the audio quality of the Zoom recordings. On that basis, he reported he had

sought reconsideration of the trial court’s findings of fact and for it to make additional findings.

We extended the abatement and ordered the parties to file a status update of any additional

proceedings held in the trial court. Following receipt of an update, we ordered the trial court to

enter any orders necessary to resolve outstanding issues concerning the reporter’s record.

Thereafter, while this case remained abated, Algharrawi filed a motion to compel Laurel to appear

before this Court and to stay the trial court’s order for new trial. Her motion urged that Laurel did

not appear at any of the remand hearings and, therefore, no evidence supported the trial court’s

conclusion.

        On June 20, 2025, we reinstated the appeal. We noted then that we still lacked the required

findings and information needed to determine whether a new trial was warranted per Rule 34.6.

On that basis, we granted Algharrawi’s motion to compel 2 and further noted we would enter




2
  On August 18, 2025, we issued an order to show cause as to why Laurel should not be held in contempt for failure
to file a complete reporter’s record. We subsequently canceled the show cause hearing as moot after remanding to the
trial court.



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additional orders necessary to resolve the dispute. Alazzawi again filed a motion to remand the

case for a new trial and, unlike before, he included an order granting a new trial signed by the trial

court on May 27, 2025. We denied Alazzawi’s motion, concluding the trial court’s order was void

as it went beyond the scope of our remand order.

       On September 15, 2025, this Court again ordered the trial court to hold an evidentiary

hearing and make specific fact findings. On November 20, 2025, the district clerk filed a second

supplemental clerk’s record containing the trial court’s findings of fact. Within those findings, the

trial court noted it held a hearing on October 7, in which the parties appeared remotely, counsel

for both parties appeared in person, and Laurel appeared remotely and testified under oath.

Following the hearing, the trial court found that all trial court proceedings were conducted

remotely via Zoom and that Laurel transcribed the proceedings through a stenograph machine,

with back-up audio and visual recordings. Upon Alazzawi’s request, Laurel used his notes from

and recordings of the proceedings to prepare a partial official reporter’s record of the proceedings.

For testimony given at hearings on June 24, 2021, June 25, 2021, and January 12, 2022, the trial

court found that the Zoom recordings did not capture the Arabic translation of the English

questions posed to Algharrawi, nor the English translation of her answers given in Arabic. It further

found that, although questions and answers were audible on Zoom recordings, Laurel was not able

to transcribe testimony spoken in Arabic. The trial court thus found that portions of the record were

unavailable for transcription by Laurel unless translated from Arabic to English.

       In sum, the trial court found that “[b]ecause Laurel made a Zoom recording of the questions

asked and the witnesses’ responses (although in native Arabic),” no significant portion of the court

reporter’s notes and records have been lost or destroyed. It further found that because no portions

had been lost or destroyed, it made no finding as to “whether any lost or destroyed portions are




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necessary to the appeal’s resolution” or whether they could be replaced. Finally, it found that the

parties were unable to agree on replacements of the inaudible translations in the record.

       At this juncture, after numerous requests by this Court, we conclude the trial court has

provided the findings required for this Court to determine whether Appellant is entitled to a new

trial pursuant to Texas Rule of Appellate Procedure 34.6(f).

                                         II. DISCUSSION

       Rule 34.6 of the Texas Rules of Appellate Procedure provides that a party 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). All four circumstances must be established. “Generally, we review a trial

court’s Rule 34.6(f) findings for an abuse of discretion.” In re A.B., No. 02-24-00264-CV, 2025

WL 1668332, at *2 n.6 (Tex. App.—Fort Worth June 12, 2025, no pet.) (mem. op.). However,

“[w]hen . . . the relevant facts are not disputed, the issue on appeal becomes the proper construction

of specific statutory provisions and application of those provisions to the undisputed facts of the

case.” AutoNation Fort Worth Motors, Ltd. v. Mitchell, No. 02-25-00071-CV, 2025 WL 2884210,

at *3 n.2 (Tex. App.—Fort Worth Oct. 9, 2025, pet. filed) (mem. op.) (citing LJA Eng’g Inc. v.




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Santos, 652 S.W.3d 916, 919 (Tex. App.—Houston [14th Dist.] 2022, no pet.)). In that

circumstance, our standard of review is de novo. Id.

       Here, Alazzawi timely requested the reporter’s record and made numerous subsequent

requests. As the trial court found, Laurel was unable to transcribe portions of the testimony given

in Arabic because the English translation was inaudible on the recording and could not be

recovered without further translation. No fault for this circumstance can be attributed to Alazzawi.

For this reason, a portion of Algharrawi’s trial testimony, to include hearings held on the

application for a protective order, were not properly recorded; and, therefore, they are missing

from the record. These portions of the record are deemed lost for purposes of Rule 34.6(f). See

Gillen v. Williams Bros. Const. Co., 933 S.W.2d 162, 163 (Tex. App.—Houston [14th Dist.] 1996,

no pet.) (per curiam) (stating “the word ‘lost,’ defined as ‘beyond reach or attainment,’ is broad

enough to encompass” notes that were not taken by court reporter (quoting Webster’s

New Collegiate Dictionary (1979))).

       Further, this is an appeal from a divorce judgment and a protective order, and Algharrawi’s

testimony is necessary to the appeal’s resolution. The Texas Supreme Court has held that, “when

an appellant complains of the factual or legal sufficiency of the evidence, the appellant’s burden

to show that the judgment is erroneous cannot be discharged in the absence of a complete or an

agreed statement of facts.” Schafer v. Conner, 813 S.W.2d 154, 155 (Tex. 1991) (per curiam). The

issue is not limited to whether this Court “can be convinced by the missing testimony to reverse

the trial court’s judgment.” Gavrel v. Rodriguez, 225 S.W.3d 758, 763 (Tex. App.—Houston

[14th Dist.] 2007, pet. denied). Instead, the issue is “whether [the missing] testimony is necessary

to the resolution of the appeal.” Id. This is because “[t]he ‘appeal’s resolution’ encompasses both

affirmance and reversal of the trial court’s judgment.” Id. As a result, in the absence of a complete

record, “it is impossible to review all the evidence presented to the [factfinder] or to apply the



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appropriate evidentiary sufficiency standard of review.” Id. We conclude that the lost portion of

the record is necessary to the appeal’s resolution.

         Lastly, as the trial court found, the parties are unable to agree on replacements of the

inaudible translations in the record. Thus, we conclude that the lost portion of the record cannot be

replaced by agreement of the parties. 3

         Despite the trial court finding that the reporter’s record was not lost or destroyed, we

disagree with its conclusion and determine that Alazzawi is entitled to a new trial. See Coplin v.

Mann, 622 S.W.3d 586, 590 (Tex. App.—Texarkana 2021, no pet.) (reviewing the trial court’s

findings that the record was not lost or destroyed and its recommendation to deny a request for

new trial and nonetheless concluding that the appellant was entitled to a new trial); see also Beal

v. State, No. 01-12-00896-CR, 2016 WL 1267805, at *6 (Tex. App.—Houston [1st Dist.] Mar. 31,

2016, no pet.) (providing we review de novo the trial court’s conclusion of law that appellant is

entitled to a new trial under Rule 34.6(f)); Edith Roman v. State, No. 08-13-00019-CR, 2014

WL 886877, at *2 (Tex. App.—El Paso Mar. 5, 2014, no pet.) (stating we review de novo a ruling

on whether inaudible portions of the transcript warrant a new trial).


3
  We note that even though there exists a Zoom recording, a record cannot be taken from it alone and the recording
cannot be substituted for the record. A recording generated when a hearing is held by Zoom is not a substitute for a
proper reporter’s record because it is not possible for a court reporter to certify the accuracy and completeness of a
transcript of a proceeding that no court reporter personally attended or reported. See Tex. R. App. P. 35.3(b); see also
Matter of Guardianship of Semrad, No. 01-21-00491-CV, 2023 WL 5534251, at *12 (Tex. App.—Houston [1st Dist.]
Aug. 29, 2023, no pet.) (mem. op.). A hearing that is held by Zoom that is not otherwise recorded by a court recorder
cannot qualify for inclusion in the reporter’s record under the electronic-recording provision of the appellate rules.
See Tex. R. App. P. 34.6(a) (“If the proceedings were electronically recorded, the reporter’s record consists of certified
copies of all tapes or other audio-storage devices on which the proceedings were recorded, any of the exhibits that the
parties to the appeal designate, and certified copies of the logs prepared by the court recorder under Rule 13.2.”).
Although the Texas Supreme Court has authorized Bexar County to use electronic recordings in lieu of court reporters,
there are no findings from the trial court indicating that these Zoom recordings were recorded and logged by the
official court recorder. See RULES GOVERNING THE PROCEDURE FOR MAKING A RECORD OF COURT PROCEEDINGS BY
ELECTRONIC RECORDING, reprinted in TEXAS RULES OF COURT-STATE 477 (2025). Without findings and a certified
log from the court recorder, the Zoom hearings—or transcripts created from the recordings—cannot be substituted for
a reporter’s record on appeal. Even assuming the recordings were made by Laurel as part of his official materials, the
record shows that he cannot transcribe the inaudible English translations and cannot then certify the accuracy of any
further transcription. Unfortunately, we lack the required findings and certifications, and we conclude these recordings
do not satisfy the requirements of the procedural rules.



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       We conclude Alazzawi has shown a significant portion of the reporter’s record is lost; that

no fault is attributable to him; that the lost portion is necessary to his appeal; and that the parties

cannot agree to a replacement of the missing portion of the record. Accordingly, we find the

elements of Rule 34.6(f) are all met and Alazzawi is entitled to a new trial on both the protective

order signed on July 9, 2021, and the final decree rendered on September 26, 2023. Tex. R.

App. P. 34.6(f); Arshad v. Imperial Star Energy, LLC, No. 08-24-00306-CV, 2025 WL 2997029, at

*2 (Tex. App.—El Paso Oct. 24, 2025, no pet.) (reversing and remanding for a new trial when the

record from trial was lost through no fault of the appellant).

       Alazzawi does request that we limit our new trial order to the divorce proceeding only, and

that we vacate and dismiss the protective order based on mootness due to its expiration. In the

alternative, Alazzawi requests that “if this Court determines that vacating the protective order

rulings and dismissing the protective order appeal is not the proper remedy,” that we also grant his

motion for new trial as to the protective order and remand for a new trial. The general rule is that

a case becomes moot and unreviewable when it appears that a party seeks to obtain relief based on

an alleged controversy when in reality none exists. Williams v. Lara, 52 S.W.3d 171, 184

(Tex. 2001); State for Prot. of Cockerham v. Cockerham, 218 S.W.3d 298, 301 (Tex. App.—

Texarkana 2007, no pet.). An appellate court may review a case after it becomes moot, however,

under the collateral consequences exception. FDIC v. Nueces County, 886 S.W.2d 766, 767

(Tex. 1994). Generally, expired temporary protective orders are considered moot on appellate

review. James v. Hubbard, 21 S.W.3d 558, 560 (Tex. App.—San Antonio 2000, no pet.). However,

a protective order based on a finding of family violence carries a social stigma even after the order

has expired. Cockerham, 218 S.W.3d at 302.

       Here, the protective order entered against Alazzawi was signed on July 9, 2021, and was

set to expire on June 30, 2023. Because it has now expired and no actual controversy currently



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exists regarding its enforceability, the issue would ordinarily be rendered moot at this point.

Hubbard, 21 S.W.3d at 560. However, under the collateral consequences exception to the mootness

doctrine, the order’s expiration is not rendered moot on appeal. See Cannon v. Cannon, No. 02-

21-00404-CV, 2023 WL 1859881, at *2 n.4 (Tex. App.—Fort Worth Feb. 9, 2023, no pet.)

(mem. op.); see also Amir-Sharif v. Hawkins, 246 S.W.3d 267, 270 (Tex. App.—Dallas 2007,

pet. dism’d w.o.j.) (providing that the Texas Family Code “requires [] information in a protective

order be entered into the state-wide law information system where it presumably remains for

various purposes” (citing Tex. Fam. Code Ann. § 86.0011)). Based on the collateral consequences

exception, we would proceed to review the merits of the protective order regardless of its

expiration. But because we have concluded that the reporter’s record has been lost, and it was

necessary for our review of the protective order, we also conclude that Alazzawi is entitled to a

new trial on the protective order in accordance with his alternative request. Tex. R. App. P. 34.6(f)

(stating “[a]n appellant is entitled to a new trial” when required elements are met).

                                       III. CONCLUSION

       Because we conclude that a significant and necessary portion of the record of this appeal

has been lost or destroyed through no fault of Alazzawi, and because the lost portions cannot be

replaced by agreement of the parties, we grant Alazzawi’s motion for new trial, we reverse the

decree of divorce and the final protective order, and we remand them both for a new trial. See

Tex. R. App. P. 34.6(f).




                                              GINA M. PALAFOX, Justice

April 13, 2026

Before Salas Mendoza, C.J., Palafox and Soto, JJ.



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