Opinion
04-24-00522-CV
12-23-2024
IN THE INTEREST OF J.M.B. AND J.A.B., Children
From the 454th Judicial District Court, Medina County, Texas Trial Court No. 23-01-28129-CV Honorable Robert J. Falkenberg, Judge Presiding
Sitting: Irene Rios, Justice Lori I. Valenzuela, Justice Lori Massey Brissette, Justice
ORDER
PER CURIAM.
This is an accelerated appeal from a final order terminating appellant Mother's parental rights which must be disposed of by this court within 180 days of the date the notice of appeal was filed. See TEX. R. JUD. ADMIN. 6.2.
To protect the identity of minor children in an appeal from an order terminating parental rights, we refer to the parents as "Mother" and "Father," and we refer to the children using their initials or as "the children." See Tex. Fam. Code Ann. § 109.002(d); Tex.R.App.P. 9.8(b)(2).
A dispute has arisen regarding the accuracy of the reporter's record. In their brief, the appellees contend Mother admitted to last using methamphetamines on June 7, 2023, citing the following exchange between appellees' counsel and Mother in the reporter's record:
Q. [Mother], did you and [Father] ever use methamphetamines together?
A. Yes.
Q. When was the last time you used methamphetamines together?
A. June 7 of '23.
3 RR 131:20-25.
In her reply brief, Mother contends she stated "Two, seven of '23" in her testimony, not "June 7 of '23." Mother included a link to a digital video recording of the trial to support her contention. If Mother is correct, the reporter's record inaccurately portrays June 7, 2023 as Mother's last date of admitted methamphetamine use rather than February 7, 2023.
Rule 34.6(e)(3) of the Texas Rules of Appellate Procedure provides that if a dispute regarding the accuracy of the reporter's record arises after the reporter's record has been filed in the appellate court, the appellate court may submit the dispute to the trial court for resolution. TEX. R. APP. P. 34.6(e)(3). The trial court must then follow the procedure outlined in Rule 34.6(e)(2) of the Texas Rules of Appellate Procedure to settle the dispute. See id. Rule 34.6(e)(2) provides:
If the parties cannot agree on how to correct the reporter's record so that the text accurately discloses what occurred in the trial court and the exhibits are accurate, the trial court must-after notice and hearing-settle the dispute. If the court finds any inaccuracy, 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.TEX. R. APP. P. 34.6(e)(2).
Pursuant to Rule 34.6(e)(3) of the Texas Rules of Appellate Procedure, we ABATE this appeal, and REMAND the cause to the trial court to determine if the reporter's record accurately discloses what occurred in the trial court. We ORDER the trial court to conduct the Rule 34.6(e)(2) hearing and resolve this dispute on or before January 6, 2025.
If the trial court finds an inaccuracy in the reporter's record, it must order the court reporter to conform the reporter's record to what occurred in the trial court. We ORDER the court reporter to file the certified corrections, if any, in this court within five days of the Rule 34.6(e)(2) hearing.
We ORDER the trial court to file its written findings of fact regarding this matter on or before January 9, 2025. We ORDER the trial court clerk to file a supplemental clerk's record no later than five days after the trial court files its findings of fact. We further ORDER the court reporter to file in this court a supplemental reporter's record of the Rule 34.6(e)(2) hearing within ten days of the hearing.
It is so ORDERED.