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Enrique O. Guillen and Victoria Guillen v. Cristian Andres Gomez
Citation: Not availableDocket: 13-22-00515-CV
Court: Court of Appeals of Texas; February 14, 2023; Texas; State Appellate Court
Original Court Document: View Document
Enrique O. Guillen and Victoria Guillen, the appellants, filed a motion to compel the court reporter’s record and disputed the accuracy of the appellate record, which the court interpreted as a motion to abate. A conflict regarding the contents of the reporter's record necessitated this action. In accordance with Texas Rules of Appellate Procedure 34.6(e)(2) and (3), the appeal is abated and remanded to the 445th District Court of Cameron County for a hearing to assess the alleged inaccuracies in the reporter’s record. The trial court is instructed to provide notice and conduct the hearing promptly. If inaccuracies are found, the court must determine the necessary steps to prepare an accurate reporter’s record and issue any orders needed to prevent further delays while preserving the parties’ rights. Findings and orders from the trial court, along with any omitted items, must be submitted to the Court of Appeals within thirty days. The motion to abate is granted, and the motion to compel is carried with the case. The order was delivered on February 15, 2023.