Nylondraleshannette Williams-James v. Kenneth Ray James

Summary

The Texas Court of Appeals for the Third District abated the appeal and remanded the matter to the trial court to resolve disputes concerning the completeness of the reporter’s record and whether certain exhibits were admitted into evidence. The trial court must conduct any required notice and hearing and provide a supplemental reporter’s record by April 16, 2026, after which the appeal will be reinstated.

Holdings

1. When a dispute concerning the reporter's record arises after the record has been filed in the appellate court, the appellate court may submit the dispute to the trial court for resolution under Texas Rule of Appellate Procedure 34.6(e)(3).
2. If the parties disagree about whether or how to correct the record, the trial court must provide notice and a hearing, settle the dispute, and, if it finds an inaccuracy, order the court reporter to conform the reporter's record and file certified corrections in the appellate court.

Questions Presented

1. Whether the appellate court should submit disputes concerning the completeness of the reporter's record and the admission of exhibits to the trial court for resolution.
2. What procedure the trial court must follow if the parties disagree about how to correct the appellate record.

Disposition

remanded