Opinion
10-22-00062-CV
06-02-2022
IN THE INTEREST OF P.R., A CHILD
From the 82nd District Court Robertson County, Texas Trial Court No. 20-02-20969-CV
Before Chief Justice Gray, Justice Johnson, and Justice Smith
ABATEMENT ORDER
PER CURIAM.
On May 26, 2021, Phillip R. filed a motion to abate this proceeding to the trial court because part of the record that is necessary to the appeal's resolution may be lost or destroyed through no fault of Phillip. The court reporter has filed an affidavit stating that a part of the record requested by Phillip is impossible to retrieve due to the memory card being corrupted and other technological issues. Phillip alleges that the parties have been unable to agree as to the substance of the record and asks for an abatement for the trial court to make findings pursuant to Rule of Appellate Procedure 34.6(f).
We abate this appeal and direct the trial court to conduct a hearing and make findings pursuant to Rule 34.6(f) relating to the portion of the record which Phillip contends is lost or destroyed within 14 days of this Order. The court reporter is ordered to prepare a transcript of the hearing conducted by the trial court and the trial court clerk is ordered to file a supplemental clerk's record containing the trial court's findings as to Rule 34.6(f). Each record shall be filed with this Court within 7 days after the conclusion of the hearing.
Motion granted; Appeal abated