Opinion
NO. 14-15-00889-CV
01-19-2016
BANDALI DAHDAH, Appellant v. NADIM ZABANEH AND BASIMA ZABANEH, Appellees
On Appeal from the 270th District Court Harris County, Texas
Trial Court Cause No. 2015-27555
ABATEMENT ORDER
On October 27, 2015, the court reporter notified this court that no reporter's record had been taken in this case. On December 30, 2015, appellant notified this court that a hearing had been taken on May 27, 2015. Appellant filed a motion asking this court to compel the court reporter to file the record of the May 27, 2015 hearing. Appellant's motion is granted.
Pursuant to Rule 34.6(f) of the Texas Rules of Appellate Procedure, the trial court is directed to conduct a hearing to determine the following: (1) whether appellant timely requested a reporter's record; (2) whether without the appellant's fault, significant portions of the record have been lost or destroyed; (3) whether the lost portions of the record are necessary to appellant's appeal; and (4) whether the missing portions of the reporter's record can be replaced by agreement. The trial court is directed to reduce its findings to writing and to have a supplemental clerk's record containing those findings filed with the clerk of this court, together with a reporter's record from the hearing, 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 trial court's findings and recommendations are filed in this court. This court also will consider an appropriate motion to reinstate the appeal filed by either party, or this court may reinstate the appeal on its own motion. It is the responsibility of any party seeking reinstatement to request a hearing date from the trial court and to schedule a hearing in compliance with this court's order. If the parties do not request a hearing, the court coordinator of the trial court shall set a hearing date and notify the parties of such date.
If the court reporter files the record before the date set for the hearing, the appeal will be reinstated and the trial court need not hold a hearing.
PER CURIAM