Opinion
13-23-00585-CR
03-25-2024
IN THE INTEREST OF A.C.G., A CHILD
ON APPEAL FROM THE 23RD DISTRICT COURT OF MATAGORDA COUNTY, TEXAS
Before Justices Benavides, Tijerina, and Silva Order Per Curiam
SUPPLEMENTAL ORDER OF ABATEMENT
PER CURIAM
This appeal is before the Court on its own motion. On February 29, 2024, this matter was abated, and the cause remanded to the trial court to determine what court reporter was responsible for preparing the reporter's record. On March 8, 2024, we received a request for an extension of time to file the reporter's record from Veritext. On March 11, 2024, upon review of the trial court's findings and the request for extension, we ordered the reporter's record due to be filed on or before March 18, 2024. On March 19, 2024, Veritext requested an extension of time to file the reporter's record. On March 22, 2024, Veritext informed the clerk's office that it did not have access to the exhibits for this record. On March 22, 2024, Veritext filed an incomplete reporter's record which was missing an exhibit volume entirely.
This sequence of events requires us to effectuate our responsibility to avoid further delay and to preserve the parties' rights. See Tex. R. App. P. 35.3(b), (c). Accordingly, the abatement of this appeal is continued. The trial court shall cause a hearing to be held to determine if the reporter's record, specifically any exhibits, or any other part thereof, is missing, lost, or destroyed. Furthermore, the court is instructed to make findings under Texas Rule of Appellate Procedure 34.6(f), if necessary. See Tex. R. App. P. 34.6(f). Otherwise, the trial court shall determine what other orders are necessary to ensure the prompt preparation of the exhibit portion of the reporter's record and shall enter any orders required to avoid further delay and to preserve the parties' rights.
The trial court shall cause its findings, together with any orders it may enter, to be included in a supplemental clerk's record. Furthermore, the trial court shall cause a supplemental reporter's record of any proceedings to be prepared. The supplemental clerk's record and supplemental reporter's record shall be filed with the Clerk of this Court on or before the expiration of thirty (30) days from the date of this order.