NUMBER 13-14-00689-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
FRANKIE WAYNE NEALY, Appellant,
v.
ROBIN MICHELLE NEALY, Appellee.
On appeal from the 36th District Court
of San Patricio County, Texas.
ORDER OF ABATEMENT
Before Justices Garza, Benavides, and Perkes
Order Per Curiam
This cause is before the Court on appellant’s motion to abate the appeal to correct
an inaccuracy in the reporter’s record. The reporter’s record in this cause was filed on
January 5, 2015. Appellant has advised this Court that the reporter’s record contains
two inaccuracies. The motion indicates that appellant has attempted to confer with
appellee for correction of the record, but there has been no agreement.
Texas Rule of Appellate Procedure 34.6(e)(1) provides that the parties may agree
to correct an inaccuracy in the reporter’s record without the court reporter’s recertification.
See TEX. R. APP. P. 34.6 (e)(1). Texas Rule of Appellate Procedure 34.6(e)(3) provides
that if a dispute arises after the reporter’s record has been filed in the appellate court, the
Court may submit the dispute to the trial court for resolution. See Id. 34.6 (e)(3).
Correction of an inaccuracy in the reporter’s record, thus, must be resolved by agreement
of the parties or by the trial court.
Accordingly, this appeal is ABATED and the cause REMANDED to the trial court.
Upon remand, the judge of the trial court shall immediately cause notice to be given and
conduct a hearing to determine (1) whether inaccuracies exist in the reporter’s record,
and if so, whether the parties can agree to correct any of them without the court reporter’s
recertification; and (2) to settle the dispute if inaccuracies exist in the reporter’s record
and the parties cannot agree on whether or how to correct any of them. See Id. 34.6(e).
Otherwise, the trial court shall determine what steps are necessary to ensure the prompt
preparation of a complete reporter’s record and shall enter any orders required to avoid
further delay and to preserve the parties’ rights.
The trial court shall prepare and file its findings and orders and cause them to be
included in a supplemental clerk's record which should be submitted to the Clerk of this
Court within thirty days from the date of this order. Should the trial court require more
time to comply with the directions of this Court, it shall request an extension prior to the
expiration of this deadline.
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IT IS SO ORDERED.
PER CURIAM
Delivered and filed the
8th day of April, 2015.
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