Opinion
07-22-00233-CV
01-19-2023
On Appeal from the 69th District Court Dallam County, Texas Trial Court No. 12080, Honorable Kimberly Allen, Presiding
Before PARKER and DOSS and YARBROUGH, JJ.
ORDER OF ABATEMENT AND REMAND
PER CURIAM.
Appellant, Tomecia L. Wright, proceeding pro se, filed a notice of appeal from the trial court's Final Decree of Divorce dissolving her marriage to Appellee, De Joran R. Wright. The appellate record has been filed as well as original appellate briefs by both parties. Pending before this Court is Tomecia's Motion to Correct Reporter's Record. Included with her motion is a voluminous list of alleged inaccuracies which she asserts are material to this appeal.
Rule 34.6(e)(3) of the Texas Rules of Appellate Procedure 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. Tex.R.App.P. 34.6(e)(3). The trial court must then follow the procedure outlined in 34.6(e)(2) to settle the dispute.
We now abate the appeal and remand the cause to the trial court to settle whether any inaccuracies exist in the reporter's record. The trial court shall conduct a hearing by whatever means necessary and, if it finds any inaccuracies, it must order the court reporter to conform the reporter's record to what occurred in the trial court and to file certified corrections in this Court. The trial court shall order any supplemental clerk's record and supplemental reporter's record and any other necessary findings to be prepared and filed in this Court on or before Tuesday, February 21, 2023. There are presently no filing deadlines in this appeal.
It is so ordered.