In the Interest of W.B., a Child — Order
Texte intégral
NUMBER 13-26-00568-CV COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI – EDINBURG IN THE INTEREST OF W.B., A CHILD ON APPEAL FROM THE COUNTY COURT AT LAW OF ARANSAS COUNTY, TEXAS ORDER OF ABATEMENT Before Chief Justice Tijerina and Justices Cron and Fonseca Order Per Curiam In this parental termination proceeding, the Court provided Father, upon his request, with a digital link to a shared folder containing an electronic copy of the record on October 14, 2026. The following day, Father filed an “Emergency Motion To Suspend Briefing Deadlines.” In his motion, he argues in relevant part that: Upon immediate review of the data transmission, [he] discovered that despite two prior supplementations by the trial court clerk, critical items remain omitted. These missing components include the physical trial Jury Strike Sheets [1] (necessary to review a structural panel defect regarding
2 a challenged juror who sat in the final box) and foundational file-stamped evidentiary motions from 2025 and 2026 [1]. Father requests in his motion that we suspend the current briefing schedule, freeze the filing clock, and order that a compliant briefing schedule be established upon complete lower court record compliance. Thus, we construe Father’s motion as a motion to supplement the clerk’s record and for a second extension of time to file his brief. Additionally, this sequence of events requires us to effectuate our responsibility to avoid further delay and to preserve the parties’ rights. See TEX . R. A PP . P. 35.3(a), (c). Accordingly, we carry Father’s motions, abate this appeal and remand this cause to the trial court. The trial court shall cause a hearing to be held to determine if any portion of the clerk’s record, including any supplements thereto, has been omitted. If a relevant item has been omitted from the clerk’s record, the trial court may by letter direct the trial court clerk to prepare, certify, and file a supplemental clerk’s record containing the omitted item. See id. R. 34.5(c)(1). Furthermore, the trial court is instructed to make findings under Texas Rule of Appellate Procedure 34.5(e), if necessary. See id. R. 34.5(e). The trial court shall also take any further steps it deems necessary to ensure the prompt and accurate preparation of the clerk’s record, including any orders required to avoid further delay and to preserve the parties’ rights. The trial court shall cause its findings, together with any orders it may enter, to be included in a supplemental clerk’s record. Furthermore, the trial court shall cause a supplemental reporter’s record of the hearing to be prepared. Because time is of the essence in parental termination cases, see T EX . R. APP . P. 28.4; T EX. R. J UD . ADMIN. 6.2(a), the supplemental clerk’s record and supplemental reporter’s records shall be
3 filed with the Clerk of this Court within ten days from the date of this order. PER CURIAM Delivered and filed on the 16th day of October, 2026.
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