Opinion
NO. 14-17-00216-CV
05-03-2018
On Appeal from the 308th District Court Harris County, Texas
Trial Court Cause No. 2015-32671
ABATEMENT ORDER
The reporter's record was filed April 18, 2017. Appellee has filed a motion requesting supplementation of the record. Appellee indicates the following are missing from the record: (1) the January 27, 2017 hearing on Motion to Reconsider and (2) the February 15, 2017 hearing on Motion to Reconsider. Texas Rule of Appellate Procedure 34.6(d) allows for supplementation of the reporter's record if relevant items are omitted. Accordingly, we grant appellee's motion.
The transcript from the January 27, 2017 hearing was filed on May 1, 2018.
Leticia Salas and Ramona Gonzalez, the court reporters, are directed to file a supplemental reporter's record on or before June 4, 2018, containing the February 15, 2017 hearing on Motion to Reconsider. If this item was not transcribed or made part of the record, the court reporters are directed to file a certified statement on or before June 4, 2018 stating this item was not transcribed or made part of the record.
In accordance with our October 13, 2017 order in this case, we hereby direct the Clerk of this Court to send the supplemental reporter's record or certificate that the requested item was not transcribed or made part of the record, to administrator of the unit in which Appellant is incarcerated to afford appellant an opportunity to view the trial record in the prison library. Any supplemental reporter's record shall be treated as directed in the October 13, 2017 order.
The clerk of this court shall certify the date on which delivery of the supplemental reporter's record or certificate that the requested item was not transcribed or made part of the record is made.
Appellant's supplemental brief, if any, is due within 30 days of that date. Appellee's supplemental brief, if any, is due within 30 days of the filing or appellant's supplemental brief or 60 days of the date on which delivery of the supplemental reporter's record to appellant is made.
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 reporter's record or certification of no transcript 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.
PER CURIAM Panel consists of Justices Busby, Brown, and Jewell.