Opinion
Appellate case number: 01-16-00219-CV
09-20-2016
In the Interest of B.L.R., A Child
ORDER OF ABATEMENT Trial court case number: 2015-04570J Trial court: 314th District Court of Harris County
Counsel for appellant, A.M.B., has filed a "Second Unopposed Motion for Extension of Time to File Appellant's Brief and Unopposed Motion to Abate Appeal" on September 14, 2016, in this Court for this modification appeal. A.M.B.'s counsel seeks an extension of time to file appellant's brief from September 14, 2016 until October 14, 2016, because he was advised by the Clerk of this Court on September 8, 2016, that another supplemental clerk's record exists, but that an amended order by the trial court to unseal the file is necessary for the parties to access that record. Appellant's counsel contends that appellees are unopposed to this motion to abate this appeal to remand for the trial court to sign the "Amended Agreed Order Granting Access to File," which is attached as Appendix A to her motion, and which the parties agree is necessary to review before preparing their briefs.
Accordingly, we grant the unopposed motion to abate, and we abate this appeal for the trial court to determine whether to sign the proposed "Amended Agreed Order Granting Access to File." The trial court clerk shall filed a supplemental clerk's record containing the trial court's order pertaining to the "Amended Agreed Order Granting Access to File" and any related documents or findings of fact and conclusions of law, within 10 days of the date of this Order. If the trial court determines that a hearing needs to be held, any hearing shall be scheduled and held within 20 days after the date of this Order. If a hearing is held, the trial court is directed to have a court reporter record the hearing and file the supplemental reporter's record of the hearing within 10 days of the date of the hearing.
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 complying with this Order is filed with this Court.
Appellant A.M.B.'s counsel's alternative "Second Unopposed Motion for Extension of Time to File Appellant's Brief" is dismissed as moot because appellant's brief in this appeal will be due 20 days after the date the supplemental clerk's record and/or the supplemental reporter's record, if any, are filed in this Court. See TEX. R. APP. P. 38.6(a)(1), (d). Appellee's brief in this appeal will be due 30 days from the date appellant's brief is filed. See id. 38.6(b).
It is so ORDERED. Judge's signature: /s/ Laura Carter Higley
[×] Acting individually Date: September 20, 2016