Opinion
NO. 14-15-00459-CV
02-23-2016
GABRIEL GARCIA, Appellant v. DULCE GARCIA, Appellee
On Appeal from the 328th District Court Fort Bend County, Texas
Trial Court Cause No. 15-DC-223562
ABATEMENT ORDER
Appellant has filed a motion claiming the reporter's record is incomplete and inaccurate and requesting referral of the dispute to the trial court in accordance with Rule 34.6(e)(3) of the Texas Rules of Appellate Procedure. Appellee filed a response, to which appellant replied, agreeing the name of a witness needs to be corrected in the record but disputing that the missing exhibits were made part of the record and relying upon the court reporter's certification as evidence that the testimony was accurately transcribed.
In accordance with Rule 34.6(e)(3) of the Texas Rules of Appellate Procedure, we grant appellant's motion and enter the following order.
The trial court is directed to conduct a hearing to determine the following: (1) whether the text accurately discloses what occurred in the trial court; and (2) whether the exhibits are accurate. See Tex. R. App. P. 34.6(e)(2).
If the trial court finds any inaccuracy in the reporter's record, it must order the court reporter to conform the reporter's record (including text and any exhibits) to what occurred in the trial court, and to file certified corrections in the appellate court. Id. The 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. 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. 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.
PER CURIAM Panel consists of Justices Jamison, Donovan and Brown.