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Daniel Lyne v. State

Citation: Not availableDocket: 13-13-00313-CR

Court: Court of Appeals of Texas; December 11, 2013; Texas; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

Appellant Daniel Lyne filed an unopposed motion to abate his appeal against the State of Texas due to a defect in the appellate record, specifically the absence of trial exhibits in the reporter's record. The parties have requested a thirty-day abatement to rectify this issue, indicating they will attempt to agree on the submission of the exhibits. If an agreement fails, they will schedule a hearing with the trial court to resolve the dispute. The Court of Appeals for the Thirteenth District of Texas has granted the motion to abate, suspending the appeal until December 23, 2013, or until further order. The order was delivered and filed on December 12, 2013.

Legal Issues Addressed

Abatement of Appeal Due to Defective Record

Application: The appeal was abated to address the absence of trial exhibits in the appellate record, allowing the parties time to rectify this defect.

Reasoning: Appellant Daniel Lyne filed an unopposed motion to abate his appeal against the State of Texas due to a defect in the appellate record, specifically the absence of trial exhibits in the reporter's record.

Judicial Authority to Grant Abatement

Application: The Court of Appeals exercised its authority to grant the motion to abate, suspending the appeal until a specified date or further order.

Reasoning: The Court of Appeals for the Thirteenth District of Texas has granted the motion to abate, suspending the appeal until December 23, 2013, or until further order.

Procedure for Rectifying Defective Appellate Record

Application: The parties were given a thirty-day period to agree on the submission of trial exhibits or to seek a trial court hearing if no agreement is reached.

Reasoning: The parties have requested a thirty-day abatement to rectify this issue, indicating they will attempt to agree on the submission of the exhibits. If an agreement fails, they will schedule a hearing with the trial court to resolve the dispute.