Opinion
14-24-00071-CV
07-30-2024
DAVID CALDWELL, II, Appellant v. ANN MARIE QUAID, Appellee
On Appeal from the 505th District Court Fort Bend County, Texas Trial Court Cause No. 21-DCV-288304
Panel Consists of Chief Justice Christopher and Justices Zimmerer and Wilson.
ABATEMENT ORDER
PER CURIAM.
Before the court is appellant's motion to direct the trial court to comply with Texas Rule of Appellate Procedure 33.2(c)(2) and its procedure for resolving requests for bills of exception. The motion reflects that appellant has been requesting the trial court to sign a bill of exception, and he has amended his bill of exception pursuant to the trial court's suggestions for corrections or amendments. However, on May 22, 2024, the trial court made a docket entry reflecting that it refused to sign the amended bill of exception. The docket entry did not elaborate on why the trial court refused to do so. As near as can be determined, the trial court has taken no further action regarding appellant's bill of exception.
Under Texas Rule of Appellate Procedure 33.2(c)(2), when a trial court is presented with a bill of exception on which the parties do not agree, the trial court has three options: (1) sign the bill of exception and file it with the trial court clerk if the trial court finds the bill is correct; (2) suggest to the complaining party those corrections to the bill that the trial court believes are necessary to make it accurately reflect the proceedings in the trial court, and if the party agrees to the corrections, have the corrections made, sign the bill, and file it with the trial court clerk; and (3) in the event the complaining party does not agree to the corrections suggested by the trial court; return the bill to the complaining party with the trial court's refusal written on it, and prepare, sign, and file with the trial court clerk such bill as will, in the judge's opinion, accurately reflect the proceedings in the trial court.
It appears that the trial court does not agree with the amended bill of exception filed by appellant. However, although Rule 33.2(c)(2)(C) requires the trial court to sign and file with the trial court clerk what the trial court views as an accurate bill of exception, the trial court has not done so.
Accordingly, we grant appellant's motion and order the trial court to sign and file with the trial court clerk a bill of exception that, in the opinion of the trial court, accurately reflects the trial court's proceedings. The trial court is ordered to have the trial court clerk file with this court a supplemental clerk's record containing the signed bill of exception within 30 days of the date of this order.
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 is filed in this court. The court will also consider an appropriate motion to reinstate the appeal filed by either party, or the court may reinstate the appeal on its own motion.