Opinion
NO. 03-16-00131-CV
06-16-2016
Mary Louise Serafine, Appellant v. Alexander Blunt; Ashley Blunt; Scott Lockhart; Austin Drainage and Foundation, LLC d/b/a Austin Drainage and Landscape Development; Viking Fence Company, Ltd.; and Viking GP, LLC, Appellees
FROM THE DISTRICT COURT OF TRAVIS COUNTY, 200TH JUDICIAL DISTRICT
NO. D-1-GN-12-001270, HONORABLE KARIN CRUMP, JUDGE PRESIDINGORDER AND MEMORANDUM OPINION
PER CURIAM
Appellant Mary Louise Serafine has filed a Motion for Immediate Stay of Appeal, asking us to compel the trial court to include certain exhibits in the appellate record. Serafine seeks to have her Trial Exhibit 2A included in the appellate record and complains that the trial court erred in refusing to grant her Amended Formal Bill of Exception, filed in the trial court on May 6, 2016.
Appellees Alexander and Ashley Blunt have filed a response and cross-motion asserting that emergency relief is not warranted and that the trial court properly excluded Serafine's exhibit but agreeing to a temporary stay and asking for corrections to volumes 7 and 16 of the reporter's record (the exhibits index and relevant volume of exhibits). The Blunts contend that the trial court did not err in "declin[ing] to approve" Serafine's bill of exception, arguing that Serafine did not follow proper procedures in the handling of her bill, but have agreed to a trial-court hearing on the bill of exception "and related matters."
We dismiss both motions and, on our own motion, abate the appeal to the trial court. The trial court shall hold a hearing within sixty days of the date of this order and shall in that hearing address all matters pertaining to the Blunts' concerns about the accuracy of the reporter's record and Serafine's Amended Formal Bill of Exception. The trial court shall then arrange for the preparation and filing of a supplemental clerk's record containing all relevant filings in the trial court and all orders signed as a result of that hearing. If necessary, supplemental or corrected volumes of reporter's record will also be filed in this Court.
It is ordered on June 16, 2016. Before Justices Puryear, Goodwin, and Field Abated and Remanded Filed: June 16, 2016