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Lin v. Wilchenski

Court of Appeals of Texas, Fourteenth District
Jan 23, 2024
No. 14-22-00906-CV (Tex. App. Jan. 23, 2024)

Opinion

14-22-00906-CV

01-23-2024

S. EMANUEL LIN, Appellant v. ESTATE OF KENNETH JAMES WILCHENSKI, ROBERT FLOYD SUETRUCKING, INC., Appellee


On Appeal from the 269th District Court Harris County, Texas Trial Court Cause No. 2016-62142 A B

Panel Consists of Chief Justice Christopher, Justices Wise, and Jewell.

ABATEMENT ORDER

PER CURIAM.

The reporter's record was filed on June 20, 2023. Appellant has filed a motion requesting abatement of the appeal for correction of the record. We grant appellant's motion to abate and direct the trial court to settle the dispute after notice and hearing. See Tex. R. App. P. 34.6(e)(2)-(3). If the court finds any inaccuracy, it must order the court reporter to conform the reporter's record (including text and exhibits) to what occurred in the trial court, and to file certified corrections in the appellate court. See Tex. R. App. P. 34.6(e)(2).

Accordingly, we order the judge of the 269th District Court to immediately conduct a hearing at which the court reporter(s), appellant, appellant's counsel, and appellee's counsel shall participate, either in person or by video teleconference, to determine whether the reporter's record contains any inaccuracy. The judge shall see that a record of the hearing is made.

If the trial judge finds that the reporter's record is accurate, the judge shall make findings of fact, and order the trial clerk to forward a transcribed record of the hearing, a videotape or compact disc, if any, containing a recording of the video teleconference, and a supplemental clerk's record containing the findings. Those records shall be filed with the clerk of this court within thirty days of the date of this order.

If the trial judge finds any inaccuracy in the reporter's record, the judge shall order the court reporter to conform the reporter's record to what occurred in the trial court and to file certified corrections with the clerk of this court within thirty 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 or certified corrections of the reporter's record 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.

We grant appellant's motion to abate and direct the trial court to conduct a hearing to settle the dispute, all other relief requested is denied.


Summaries of

Lin v. Wilchenski

Court of Appeals of Texas, Fourteenth District
Jan 23, 2024
No. 14-22-00906-CV (Tex. App. Jan. 23, 2024)
Case details for

Lin v. Wilchenski

Case Details

Full title:S. EMANUEL LIN, Appellant v. ESTATE OF KENNETH JAMES WILCHENSKI, ROBERT…

Court:Court of Appeals of Texas, Fourteenth District

Date published: Jan 23, 2024

Citations

No. 14-22-00906-CV (Tex. App. Jan. 23, 2024)