Opinion
14-23-00026-CV
08-15-2023
ALI CHOUDHRI, Appellant v. MOKARAM-LATIF WEST LOOP, LTD., Appellee
On Appeal from the 333rd District Court Harris County, Texas Trial Court Cause No. 2012-27197
Panel Consists of Justices Jewell, Bourliot, and Zimmerer.
ABATEMENT ORDER
PER CURIAM
Before the court is appellant's motion to correct appellate record and to abate appeal pending correction of the record. The motion asserts the reporter's record in this appeal lacks both transcripts of the May 2022 bench trial leading to the final judgment disputed in this appeal, as well as exhibits admitted into evidence during that bench trial. Appellant further complains that several interlocutory orders and briefing associated with issues resolved in the final judgment were not included in the clerk's record, though the motion does not specify what documents were excluded from the clerk's record. The motion requests that the appeal be abated to allow for the appellate record to be completed. We grant the motion.
The court reporter for the 333rd District Court is ordered to prepare and file a supplemental reporter's record within 45 days of the date of this order comprising the transcript of the May 2022 bench trial conducted during the trial court proceeding, as well as all exhibits admitted into evidence at that trial. Appellant is ordered to file with this court within 15 days of the date of this order the list of items omitted from the clerk's record that appellant is seeking to have included in a supplemental clerk's record and that appellant has informed the trial court clerk should be included in said supplemental clerk's record. The trial court clerk is ordered to prepare and file with this court a supplemental clerk's record containing those omitted items within 45 days of the date of this order.
The appeal is abated, treated as a closed case, and removed from this court's active docket. The appeal will be reinstated on this court's active docket when the supplemental clerk's record and supplemental reporter's record are filed with this court. The court will also consider an appropriate motion to reinstate the appeal filed by either party, or the court may reinstate the appeal on its own motion.