Elizabeth Marie Conn v. Devin Patrick Conn

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-24-00185-CV

Elizabeth Marie Conn, Appellant

v.

Devin Patrick Conn, Appellee

FROM THE 419TH DISTRICT COURT OF TRAVIS COUNTY NO. D-1-FM-22-000423, THE HONORABLE CATHERINE MAUZY, JUDGE PRESIDING

ORDER AND MEMORANDUM OPINION

After multiple abatements of this appeal for filing of a supplemental reporter’s

record, this Court received appellant’s notice that appellant and the court reporter continue to

dispute whether certain exhibits were offered and admitted into evidence. Appellant asserts that

this “has now become an issue on appeal for this Court to determine whether the subject exhibits

were offered and excluded.” Resolution of that issue is a matter for the trial court. See Tex. R.

App. P. 34.6(d)(3). When, as here, a “dispute arises after the reporter’s record has been filed in

the appellate court, that court may submit the dispute to the trial court for resolution.” Id.

We therefore abate this appeal and remand this cause to the trial court for

resolution of the dispute between appellant and the court reporter about whether the exhibits in

question were offered and admitted. See id. If the parties disagree on whether or how to correct

the reporter’s record so that the exhibits are accurate, “the trial court must—after notice and hearing—settle the dispute. If the court finds any inaccuracy, it must order the court reporter to

conform the reporter’s record (including text and any exhibits) to what occurred in the trial court,

and to file certified corrections in the appellate court.” See id. R. 34.6(e)(2). A supplemental

reporter’s record containing the trial court’s determination shall be filed with this Court by

September 8, 2025. This appeal will be reinstated after the supplemental reporter’s record

is filed.

It is ordered on August 7, 2025.

Before Chief Justice Byrne, Justices Triana and Kelly

Abated and Remanded

Filed: August 7, 2025