Maria Martinez v. Mario Antonio Perez Batres

Summary

The Texas Court of Appeals, Third District, abated Maria Martinez’s restricted appeal from a default divorce decree and remanded the matter to the trial court. The trial court was directed to address the absence of twelve admitted exhibits from the appellate record and to make any required findings or authorize supplemental filings under Texas Rule of Appellate Procedure 34.6.

Holdings

1. When the appellate record omits admitted exhibits and the circumstances suggest that a supplemental reporter's record would be futile, the appellate court may abate the appeal and remand the record issue to the trial court for resolution under Texas Rule of Appellate Procedure 34.6.
2. The trial court must conduct the proceedings required by Rule 34.6, including notice and a hearing if the parties cannot agree, and must make findings and order any necessary certified corrections or supplemental filings.

Questions Presented

1. Whether the appellate court should abate the restricted appeal and submit the omission of admitted exhibits to the trial court for resolution under Texas Rule of Appellate Procedure 34.6.
2. What procedures the trial court must follow to resolve disputes concerning the accuracy, availability, or inspection of the omitted exhibits.

Disposition

remanded