In the Interest of W.B., a Child — Order

Txctapp13

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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
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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
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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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