Order entered February 26, 2019
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-18-01124-CV
ROBERT ALLEN MILLER, Appellant
V.
SHAWN RAE MILLER, Appellee
On Appeal from the 469th Judicial District Court
Collin County, Texas
Trial Court Cause No. 469-54375-2018
ORDER
Before the Court is appellant’s February 14, 2019 motion to compel. In his motion,
appellant asserts exhibits are missing from the reporter’s record, the reporter’s record contains
inaccuracies, and the clerk’s record is missing a document. We GRANT the motion as follows.
We ORDER the trial court to conduct a hearing, no later than March 28, 2019, to
determine if the reporter’s record contains any omissions or inaccuracies as alleged in appellant’s
motion. See TEX. R. APP. P. 34.6(e)(3). If omissions or inaccuracies are found, the court
reporter shall conform the reporter’s record to what occurred in the trial court and file certified
corrections to this Court no later than April 4, 2019. Id.
The trial court shall file, no later than April 4, 2019, written findings and shall have a
supplemental clerk’s record containing the findings and any relevant orders filed with the Court.
The supplemental clerk’s record shall also contain the Motion for Continuance filed on
September 5, 2018. The record of the hearing shall also be filed in a supplemental reporter’s
record. Both supplemental records shall be filed no later than April 10, 2019.
We DIRECT the Clerk of this Court to send a copy of this order and appellant’s motion
to the Honorable Piper McCraw, Presiding Judge of the 469th Judicial District Court; Lynne
Finley, Collin County District Clerk; Stephanie Hunn, Official Court Reporter of the 469th
Judicial District Court; and all parties.
We ABATE this appeal, including the deadline for appellant’s brief on the merits, to
allow the trial court to comply with this order. This appeal will be reinstated in forty-five days
or when the requested supplemental records are filed, whichever occurs sooner.
/s/ KEN MOLBERG
JUSTICE