Opinion
13-22-00219-CV
05-19-2023
IN THE INTEREST OF K.L.C., A CHILD
On appeal from the 105th District Court of Nueces County, Texas.
Before Chief Justice Contreras and Justices Silva and Pena
ORDER OF ABATEMENT
Per Curiam
This appeal is before the Court on its own motion. The reporter's record was filed in this case on September 12, 2022. The record indicates that no exhibits were offered, and none were admitted. However, after reviewing the record, we noted that the trial court admitted two exhibits: an audio recording and an affidavit, both offered by the appellant. On May 10, 2023, the Clerk of this Court notified the court reporter of the missing exhibits and requested a supplemental reporter's record to include the missing exhibits. On May 17, 2023, the court reporter filed a letter with this Court stating that at least one of the exhibits was not provided to her during or after the trial.
Accordingly, this appeal is abated, and the cause remanded to the trial court. See TEX. R. APP. P. 34.6(d). 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 id. 34.6(f). Otherwise, the court shall determine what steps are necessary to ensure the prompt preparation of a 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 days from the date of this order.