Opinion
13-23-00318-CV
11-01-2023
CRIZELDA VIVIANA LITIF, Appellant, v. INFINITY JIMENEZ, Appellee.
On appeal from County Court at Law No. 10 of Hidalgo County, Texas.
Before Justices Benavides, Longoria, and Tijerina.
ORDER OF ABATEMENT
PER CURIAM.
This appeal is before the Court on appellant's opposed motion to supplement the reporter's record. A conflict regarding the contents of the reporter's record has arisen, and appellant requests relief regarding potential omissions in the reporter's record, specifically regarding a deposition that appears to have been played to the jury and not simultaneously transcribed.
Pursuant to Texas Rule of Appellate Procedure 34.6(e)(2) and (3), this appeal is abated, and the cause remanded to the trial court. Upon remand, the judge of the trial court shall determine and issue findings and conclusions resolving (1) whether the reporter's record accurately discloses what occurred in the trial and whether the exhibits are accurate; (2) whether anything was omitted from the reporter's record; and (2) whether anything was omitted from the clerk's record See Tex. R. App. P. 34.5(c)(1) and 34.6(d). Furthermore, the trial court shall determine what steps are necessary to ensure the prompt preparation of a complete clerk's record and a complete reporter's record and shall enter any orders required to avoid further delay and to preserve the parties' rights.
Therefore, appellant's motion to supplement the record is carried with the case. The trial court shall prepare and file its findings and orders, if any, and cause them, along with any omitted items, to be included in a supplemental clerk's record. The trial court shall cause a corrected or supplemental reporter's record, as applicable. Finally, the trial court should cause the supplemental clerk's record and supplemental reporter's record, if any, to be submitted to the Clerk of this Court within thirty days from the date of this order.