Opinion
14-22-00893-CV
01-11-2024
MAGGY HORGAN, Appellant v. JOHN HORGAN, Appellee
On Appeal from the 328th District Court Fort Bend County, Texas Trial Court Cause No. 19-DCV-258949
Panel Consists of Justices Jewell, Bourliot, and Zimmerer.
CONTINUING ABATEMENT ORDER
PER CURIAM
This appeal was abated on August 15, 2023 in order for the parties to supplement the reporter's record in association with videos admitted into evidence at trial. On November 16, 2023, this court issued a continuing abatement order (1) so that the judge currently presiding over the trial court could request the Honorable Walter Armatys, who presided over the parties trial and signed the divorce decree, to file findings of fact and conclusions of law pursuant to Texas Rule of Civil Procedure 297; and (2) so the parties could work together to determine if the exhibits that have not been filed in this court have been lost or destroyed and, if so, whether they could be replaced by agreement pursuant to Texas Rule of Appellate Procedure 34.6(f)(4). On December 18, 2023, the parties filed status reports in association with this court's November 16th continuing abatement order.
Findings of fact and conclusions of law have not yet been filed with this court. The parties' recent reports do not state whether the trial judge has requested Judge Armatys to sign and file findings of fact and conclusions of law or, if such a request has been made, when findings and conclusions are expected to be filed. The parties are ordered to provide an update to this court on this issue within thirty days.
Appellant maintains that certain trial exhibits (videos) are missing or destroyed. Appellee represents that his counsel has copies of all trial exhibits, and in our November 16th order we ordered the parties to work together to determine if they could reach agreement whether any exhibits have been lost or destroyed and, if so, whether any lost or destroyed portions can be replaced by agreement or court order. In her recent status report, appellant states that she will not agree that any copies of the trial exhibits in appellee's counsel's possession are true and correct.
According to appellee, conversations with the official court reporter reveal that her file contains an electronic storage device on which the trial exhibits at issue potentially may be located. Appellee represents that he is working with the court reporter and appellant to determine whether the storage device contains the disputed exhibits. The court reporter, however, is expected to be unavailable for several weeks during the holiday season beginning December 18, 2023. Appellee requests that this court continue the abatement of this case while counsel continue to work on resolving the exhibits issue.
We agree that a continuing abatement is appropriate. This appeal remains abated pending further order of this court. The parties shall file status reports within thirty days.