Pamela J. Hazelwood v. Keith L. Hazelwood

Summary

The First District Court of Appeals ordered the trial court to determine whether the exclusion of specified exhibits from the reporter’s record constituted an inaccuracy under Texas Rule of Appellate Procedure 34.6(e)(2). The trial court was directed to hold a hearing, make findings, and, if necessary, order certified corrections and supplemental records to be filed.

Holdings

1. When the parties cannot agree whether or how to correct the reporter's record, the trial court must, after notice and a hearing, settle the dispute.
2. If the trial court finds an inaccuracy in the reporter's record that may be corrected, it must order the court reporter to conform the record to what occurred in the trial court and file certified corrections in the appellate court.

Questions Presented

1. Whether the trial court must resolve a dispute concerning alleged inaccuracies or omissions in the reporter's records when the parties cannot agree on how to correct the records.
2. Whether the trial court must order certified corrections, including omitted exhibits, if it finds an inaccuracy that can be corrected.

Disposition

other