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White v. Brittany Lakes Homeowners Ass'n

Court of Appeals of Texas, Fourteenth District
Jul 9, 2024
No. 14-23-00964-CV (Tex. App. Jul. 9, 2024)

Opinion

14-23-00964-CV

07-09-2024

QUINCY WHITE, Appellant v. BRITTANY LAKES HOMEOWNERS ASSOCIATION, INC., Appellee


On Appeal from the 10th District Court Galveston County, Texas Trial Court Cause No. 19-CV-2149

Panel Consists of Justices Jewell, Spain, and Wilson.

ABATEMENT ORDER

PER CURIAM

Appellant filed a motion to correct the reporter's record in which appellant alleges there are inaccuracies in the record. We grant appellant's motion, abate this appeal, and remand the cause to the trial court for a hearing regarding appellant's contentions.

We direct the trial court to settle the dispute after notice and hearing to the parties and the court reporter. 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, the trial court is directed to conduct a hearing to settle the dispute. Id. The court is further directed to reduce its findings to writing and to direct the trial-court clerk and reporter to prepare, certify, and file a supplemental clerk's record containing those findings filed with the clerk of this court and a supplemental reporter's record from the hearing, within 60 days of the date of this order. If the trial court orders certified corrections, then the court must direct the reporter prepare, certify, and file a corrected reporter's record those within 30 days of the trial court's 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 the supplemental clerk's record, reporter's record, and any corrected 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.


Summaries of

White v. Brittany Lakes Homeowners Ass'n

Court of Appeals of Texas, Fourteenth District
Jul 9, 2024
No. 14-23-00964-CV (Tex. App. Jul. 9, 2024)
Case details for

White v. Brittany Lakes Homeowners Ass'n

Case Details

Full title:QUINCY WHITE, Appellant v. BRITTANY LAKES HOMEOWNERS ASSOCIATION, INC.…

Court:Court of Appeals of Texas, Fourteenth District

Date published: Jul 9, 2024

Citations

No. 14-23-00964-CV (Tex. App. Jul. 9, 2024)