Opinion
Appellate case number: 01-16-00107-CVAppellate case number: 01-16-00109-CVAppellate case number: 01-16-00110-CV
08-09-2016
National Collegiate Student Loan Trust 2006-3 v. Angela Annis-Acebo
ORDER Trial court case number: 2013V-0076; 2013V-077; 2013V-0078 Trial court: 155th District Court of Austin County
This Court was advised on May 31, 2016, that Exhibit 1 to the reporter's record was missing. We abated the appeal and directed the parties to attempt to agree on a replacement copy of the exhibit, or if the parties could not agree, we directed the parties to request a hearing in the trial court for a determination of what constituted an accurate copy of Exhibit 1 and to order the court reporter to file all exhibits in this Court. On July 28, 2016, appellant filed a motion to reinstate the appeal, stating that the parties reached an agreement about the missing exhibit and asked that we reinstate the appeal and order the court reporter to supplement her record in accordance with the parties' agreement. On July 29, 2016, the court reporter filed the reporter's record without Exhibit 1.
The parties may agree on an inaccuracy in the reporter's record, including an exhibit without the court reporter recertifying the record. See TEX. R. APP. P. 34.6(e)(1). Thus, Rule 34.6(d) allows the parties to agree on a replacement, which is what the parties have done. See id. at 34.6(d). Rule 34.6(g) also states that "[i]f someone other than the trial court clerk possesses an original exhibit . . . the appellate court may order that person to deliver the exhibit to the trial court clerk." Id. at 34.6(g). Finally, if a relevant item is omitted from the reporter's record, any party "may by letter direct the official court reporter to prepare, certify, and file in the appellate court a supplemental reporter's record containing the omitted items." Id. at 34.6(d).
Accordingly, we ORDER the parties to (1) deliver the agreed-upon Exhibit 1, as an original exhibit, to the trial court clerk; and (2) direct the court reporter to file a supplemental reporter's record containing Exhibit 1 within 20 days from the date of this order.
It is so ORDERED. Judge's signature: /s/ Harvey Brown
[×] Acting individually Date: August 9, 2016