Opinion issued August 31, 2010

In The

Court of Appeals

For The

First District of Texas

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NO. 01-08-00731-CV

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Bernabe Martinez, Appellant

V.

Tammy SUE Neace and

office of the attorney general of texas, Appellees

On Appeal from the 308th District Court

Harris County, Texas

MEMORANDUM OPINION

          Appellee Office of the Attorney General of Texas (OAG) has filed a motion requesting this Court to reconsider appellant Bernabe Martinez’s motion to grant a new trial—based on a lost recorder’s record—on the portion of the trial court’s order that modified the amount of child support.  See Tex. R. App. P. 34.6(f).  This Court previously denied Martinez’s motion to grant a new trial.  Since then the parties have mediated, and the OAG has withdrawn its opposition to Martinez’s request for new trial.  In this regard, the OAG notes that (1) Martinez has satisfied his child-support arrearages that were at issue in the case on appeal, (2) the only remaining issue on appeal concerns Martinez’s continuing child-support obligation, which is also the subject of a new motion to modify currently pending in the trial court, and (3) the OAG expects to reach a mediated settlement with Martinez, but in the event no settlement is reached, judicial economy would be served by granting the motion for new trial.  Appellee Tammy Sue Neace has not filed a response to the motion to reconsider, but the certificate of conference states that Neace opposes the motion.

For the reasons given by the OAG, and pursuant to Rule 2 of the Texas Rules of Appellate Procedure, we grant the motion to reconsider, vacate the portion of the trial court’s order that modified the amount of child support, and remand the case to the trial court for a new trial limited to the issue of modification of the amount of child support.

PER CURIAM

Panel consists of Justices Jennings, Alcala, and Massengale.