Kathy Wilburn v. Gabrielle Coleman

Summary

The Texas Court of Appeals, Fifth District at Dallas, granted the appellant's motion to correct a potential inaccuracy in the reporter's record. The court abated the appeal and ordered the trial court to conduct a hearing, make findings regarding the alleged inaccuracy, and submit supplemental records and any certified corrections.

Holdings

1. The appellant's pro se letter was properly construed as a motion to correct an alleged inaccuracy in the reporter's record.
2. When the accuracy of the reporter's record is disputed, the trial court must conduct a hearing and make written findings regarding whether the parties agree that the record is inaccurate and how it should be corrected; if they do not agree, the trial court must determine whether an inaccuracy exists and, if so, the appropriate correction.

Questions Presented

1. Whether the appellant's pro se letter should be construed as a motion to correct an inaccuracy in the reporter's record.
2. What procedure should be followed under Texas Rule of Appellate Procedure 34.6(e) when the accuracy of the reporter's record is disputed.

Disposition

other