Opinion
NO. 14-20-00051-CV
07-30-2020
CITY OF HOUSTON, TEXAS, Appellant v. CHELSEA MANNING, INDIVIDUALLY AND AS NEXT FRIEND OF T.N, AND LATISHELY DEWALT, AS NEXT FRIEND OF A.M., Appellees
On Appeal from the 127th District Court Harris County, Texas
Trial Court Cause No. 2019-30594
ABATEMENT ORDER
Appellant filed a motion in this court requesting that we direct the trial court to determine what constitutes an accurate copy of five lost or destroyed media files pursuant to Texas Rule of Appellate Procedure 34.5(c)(1) and (e). See Tex. R. App. P. 34.5(c)(1), (e). The trial court previously declined to certify these files because of the statutory stay imposed by section 51.014(b) of the Civil Practice and Remedies Code during this interlocutory appeal. See Tex. Civ. Prac. & Rem. Code § 51.014(b) (staying all proceedings in trial court pending resolution of interlocutory appeal). The Supreme Court of Texas has confirmed that the section 51.014(b) stay prevails over the Texas Rules of Appellate Procedure. In re Geomet Recycling LLC, 578 S.W.3d 82, 88 (Tex. 2019). That court, however, noted there may be times when an appellate court can direct the trial court to act during the stay to assist in appellate proceedings. Id. at 92 n.2.
Accordingly, we direct the trial court to determine what constitutes an accurate copy of the five missing media files and the clerk to prepare a supplemental clerk's record certifying the accuracy of each media file within 30 days from the date of this order.
PER CURIAM Panel Consists of Justices Wise, Bourliot, and Spain.