IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL A
SEPTEMBER 5, 2003
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WILLIAM BRIDGES TYSON, JR., APPELLANT
V.
THE STATE OF TEXAS, APPELLEE
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FROM THE COUNTY COURT OF NEWTON COUNTY;
NO. N2002-6; HONORABLE JOE NED DEAN, JUDGE
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Before JOHNSON, C.J., and REAVIS and CAMPBELL, JJ.
ORDERBy his brief, appellant makes reference to testimony cited to appear in Volume 3 of the reporter's record; however, the reporter's record consists of only one volume designated as "Excerpted Testimony." The clerk's record contains appellant's request for preparation of the reporter's record containing the entire record. See Tex. R. App. P. 34.6(b)(1). However, according to the reporter's certificate, the only volume filed contains the "portions of the evidence" orally requested by appellant's counsel. Following our request for clarification, appellant's counsel informs the Court the reporter's record consists of only one volume and the reference to the testimony of Mrs. Gill, Mr. Lindsey, and Mr. Brodnax in Volume 3 was erroneous. Also, the court reporter informs us that because her computer has "crashed" and the disc is misplaced, she needs additional time to prepare a complete record.
By his second issue appellant challenges the sufficiency of the evidence. Because Rule 34.6(c)(5) provides that where the sufficiency of the evidence is challenged as to appellant's guilt or punishment in a criminal case, the reporter's record must include all evidence admitted at trial on the issue of guilt or innocence and punishment, pursuant to Rule 35.3(b)(3), we direct appellant's counsel to pay or make arrangements to pay for the preparation of the entire reporter's record on or before Thursday, September 25, 2003, and notify this Court in writing of his compliance. We also direct Court Reporter Iva F. Hill-Morris to prepare the remainder of the reporter's record and file it as a supplemental reporter's record in this Court within 30 days from the date appellant makes satisfactory arrangements to pay for the record.
Should appellant's counsel fail to comply with our directive, we will proceed as if volume one of the reporter's record is a partial reporter's record and apply the presumption in Rule 34.6(c)(4) even though appellant presents an issue complaining of the sufficiency of the evidence.
It is so ordered.
Per Curiam
Do not publish.
nter">_________________________________
Before QUINN, C.J., and CAMPBELL and PIRTLE, JJ.
Tom Bernson d/b/a Bernson Enterprises, appellant, appeals a judgment of the 181st District Court of Randall County in favor of Transit Mix Concrete & Materials Company, appellee. On December 19, 2008, appellant and appellee, through their counsel, filed a joint motion to abate the appeal and permit proceedings in the trial court to effectuate a settlement agreement. See Tex. R. App. P. 42.1(a)(2)(C) (authorizing same). The parties have reached an agreement to settle and compromise their differences and disputes, not only on the issues which are the subject of this appeal, but also in collateral proceedings.
Accordingly, we abate this appeal and remand the cause to the 181st District Court for Randall County, Texas (trial court) for further proceedings. Upon remand, the trial court shall immediately cause notice of a hearing to be given and, thereafter, conduct a hearing to determine whether to effectuate the settlement.
The trial court shall 1) execute findings of fact and conclusions of law addressing whether it effectuated the settlement, 2) execute all orders necessary to effectuate the settlement if it so chooses, and 3) cause to be developed a supplemental clerk’s record containing its findings of fact and conclusions of law and all orders it may issue as a result of its hearing in this matter. Additionally, the trial court shall then file the supplemental record with the clerk of this court on or before January 28, 2009. Should further time be needed by the trial court to perform these tasks, then same must be requested before January 28, 2009. Finally, if the settlement is effectuated, the parties are directed to file a joint motion of dismissal on or before January 28, 2009. If that deadline is not met, then the court will reinstate the record and dismiss the appeal for want of prosecution.
It is so ordered.
Per Curiam