Joe Henderson v. Marilyn Kay Blalock ( 2016 )

NUMBER 13-16-00175-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
JOE HENDERSON, Appellant,
v.
MARILYN KAY BLALOCK, Appellee.
On appeal from the 149th District Court
of Brazoria County, Texas.
ORDER
Before Justices Benavides, Perkes, and Longoria
Order Per Curiam
This cause is before the Court on appellant’s motion for order to correct trial clerk
records. 1 The clerk’s record and supplemental clerk’s record in this cause were filed on
1This case is before the Court on transfer from the First Court of Appeals in Houston pursuant to
a docket equalization order issued by the Supreme Court of Texas. See TEX. GOV'T CODE ANN. § 73.001
(West, Westlaw through 2015 R.S.).
April 12, 2016. According to the appellant, the clerk’s records are “wrong, misfiled, and
incomplete.”
This situation requires us to effectuate our responsibility to avoid further delay and
to preserve the parties’ rights. See TEX. R. APP. P. 37.3(a)(1). Accordingly, this appeal
is ABATED and the cause REMANDED to the trial court.
Upon remand, the judge of the trial court shall immediately cause notice to be given
and conduct a hearing to determine if the clerk’s record, or any part thereof, has been lost
or destroyed, and shall make appropriate findings under Tex. R. App. P. 34.5(e), if
necessary. Otherwise, the court shall determine what steps are necessary to ensure the
prompt preparation of a complete clerk’s record, and shall enter any orders required to
avoid further delay and to preserve the parties’ rights. If a filing designated for inclusion
in the clerk’s record has been lost or destroyed and the parties cannot agree, by written
stipulation, for a copy of that item to be included in a supplemental record, the trial court
shall determine what constitutes an accurate copy of the missing item and order it to be
included in the clerk’s supplemental record.
The trial court shall prepare and file its findings and orders and cause them to be
included in a supplemental clerk's record which should be submitted to the Clerk of this
Court within thirty days from the date of this order.
IT IS SO ORDERED.
PER CURIAM
Delivered and filed the
1st day of June, 2016.
2