Opinion
05-24-00419-CV
07-09-2024
ALBERTO J. BRAVO, Appellant v. MARIA GUADALUPE BRAVO (A/K/A MA GUADALUPE BRAVO), Appellee
On Appeal from the 302nd Judicial District Court Dallas County, Texas Trial Court Cause No. DF-21-03054
ORDER
KEN MOLBERG, JUSTICE
This appeal from a bench trial challenges the trial court's January 4, 2024 final decree of divorce. Before the Court is appellant's motion to abate the appeal and order the trial court to hold a hearing on his formal bill of exception. See Tex. R. App. P. 33.2. The bill seeks to include evidence excluded at trial in support of appellant's claim for an annulment.
In support of the motion, appellant notes he timely requested findings of fact and conclusions of law, timely filed a motion for new trial, and timely appealed on April 3, 2024. He also notes that he filed a formal bill of exception on March 25, 2024, he and appellee could not agree on the contents of the bill, and the trial court has not yet set the bill for hearing despite his attempts to have the bill heard.
Texas Rule of Appellate Procedure 33.2 governs formal bills of exception. See id. Under rule 33.2(c), when a bill of exception has been timely filed, that is, filed no later than thirty days from the filing of the notice of appeal, and the parties cannot agree on the contents of the bill, the trial court must hold a hearing. See id. 33.2(c),(e). The rule provides for no exceptions. See id.
As stated above, and reflected in the clerk's record, the notice of appeal was filed April 3, and the bill of exception was filed on March 25, well within the period provided by rule 33.2. See id. 33.2(e). A hearing on the bill is mandatory. See id. 33.2(c).
Accordingly, we GRANT appellant's motion to abate and ORDER the trial court to hold a hearing in accordance with rule 33.2 no later than August 8, 2024. A supplemental clerk's record shall be filed, no later than August 12, 2024, containing a copy, in accordance with the rule, of either (1) the signed bill or (2) the rejected bill along with the trial court's bill and any related affidavits. See id. 33.2(c)(2),(3). A supplemental reporter's record of the hearing shall also be filed no later than August 12, 2024.
We DIRECT the Clerk of the Court to send a copy of this order to the Honorable Sandra L. Jackson, Presiding Judge of the 302nd Judicial District Court; Dallas County District Clerk Felicia Pitre; Melva Key, Official Court Reporter for the 302nd Judicial District Court; and the parties.
We ABATE the appeal to allow the trial court an opportunity to comply with this order. The appeal will be reinstated no later than August 16, 2024.