Opinion
06-24-00052-CV
08-07-2024
IN THE MATTER OF THE MARRIAGE OF JODI PEARSON AND CHARLES PEARSON AND IN THE INTEREST OF C.P., P.P., AND E.P., CHILDREN
On Appeal from the County Court at Law Hopkins County, Texas Trial Court No. FM20063
Before Stevens, C.J., van Cleef and Rambin, JJ.
ORDER
Charles Pearson appeals from the trial court's final decree of divorce. Pearson timely requested preparation of the reporter's record in this matter, and the reporter's record was due to be filed in this Court on July 24, 2024. Court reporter Terry Spangler contacted this Court and advised that the trial proceedings in this matter were electronically recorded, that she was asked to transcribe those proceedings, and that she is unable because she cannot understand portions of the electronic recording.
"If the proceedings were stenographically recorded, the reporter's record consists of the court reporter's transcription of so much of the proceedings, and any of the exhibits, that the parties to the appeal designate." TEX. R. APP. P. 34.6(a)(1). "If the proceedings were electronically recorded, the reporter's record consists of certified copies of all tapes or other audio-storage devices on which the proceedings were recorded, any of the exhibits that the parties to the appeal designate, and certified copies of the logs prepared by the court recorder under Rule 13.2." TEX. R. APP. P. 34.6(a)(2).
As our sister court in Corpus Christi-Edinburg noted:
Texas courts of appeals have differed on whether an electronic recording may be considered in an appeal that arises, as the instant appeal did, from a county not authorized by the Texas Supreme Court to make a record in civil proceedings by electronic recording. Compare In re E.D.M., No. 14-09-00727-CV, 2010 WL 3418211, at *2 (Tex. App.-Houston [14th Dist.] Aug. 31, 2010, no pet.) (mem. op.) (concluding that an audio recording could not be considered because Galveston County, the county from which the appeal arose, was not authorized by the Texas Supreme Court to make a record by electronic recording) with In re B.R.G., 48 S.W.3d 812, 817 (Tex. App.-El Paso 2001, no pet.) (considering an electronic recording from a county not authorized to make electronic records and noting that, under section 201.009(c) of the family code, "in the absence of a court reporter or on agreement of the parties, the record may be preserved by any means approved by the associate judge"); see Rules Governing The Procedure For Making a Record of Court Proceedings By Electronic Recording, reprinted in TEXAS RULES OF COURT, VOL. I- STATE 465 (West 2012) (listing counties authorized to make electronic records).In re J.D.F., No. 13-13-00337-CV, 2014 WL 1514227, at *4 n.7 (Tex. App.-Corpus Christi-Edinburg Apr. 17, 2014, pet. denied) (mem. op.).
Because the record was timely requested by the appellant and because the record was not timely filed on or before July 24, 2024, we abate this matter to the trial court to conduct an evidentiary hearing, within twenty days of the date of this order, and to enter findings and conclusions on the following:
1. whether the official court reporter or court recorder was excused by agreement of the parties from attending court sessions and making a full record of the proceedings, see TEX. R. APP. P. 13.1;
2. whether the trial court proceedings were stenographically recorded, see TEX. R. APP. P. 34.6(a)(1), or electronically recorded, see TEX. R. APP. P. 34.6(a)(2);
3. if stenographically recorded, whether the court reporter fulfilled the duties outlined in Rule 13.1 of the Texas Rules of Appellate Procedure;
4. if electronically recorded, whether the court recorder fulfilled the duties outlined in Rules 13.1 and 13.2 of the Texas Rules of Appellate Procedure;
5. regardless of the manner of recording the record, what obstacles are preventing the individual responsible for filing the reporter's record under Rule 35.3 of the Texas Rules of Appellate Procedure from filing that record and whether those obstacles can be overcome, see TEX. R. APP. P. 35.3; and
6. any additional matters that the trial court believes will be helpful to this Court in resolving all issues related to the record in this matter.
The trial court's findings, as set forth above, shall be entered into the record of the case and filed with this Court as a supplemental clerk's record within ten days of the date of the hearing. The hearing shall be stenographically recorded, and a transcript of the hearing shall be filed in the form of a supplemental reporter's records within ten days of the date of the hearing.
All appellate timetables are stayed and will resume on our receipt of the supplemental record.
IT IS SO ORDERED.