in the Estate of Julia Lopez

• Court: Court of Appeals of Texas
• Decided: February 27, 2019
• Docket: 10-18-00278-CV
• Status: Published

Opinion

IN THE TENTH COURT OF APPEALS

No. 10-18-00278-CV

IN THE ESTATE OF JULIA LOPEZ, DECEASED

From the County Court at Law No. 2 McLennan County, Texas Trial Court No. 2014 0322 PRl

ABATEMENT ORDER

On November 29, 2018, Appellee, Jacob George Straub, Dependent Administrator

of the Estate of Julia Lopez, deceased, filed a motion to abate the appeal for correction of

the record. This Court requested a response from the Appellant, Andrew Lopez.

Appellant filed a response on December 4, 2018 opposing the abatement for correction of

the record.

Appellee contends that he filed a trial brief with the trial court at a hearing held

on October 12, 2016 that is not included in the appellate record. Appellee states that the

trial brief appears to be lost or destroyed and requests that this Court abate the appeal to

direct the trial court to determine what constitutes an accurate copy of the trial brief filed with the trial judge at the October 12, 2016 hearing and order its inclusion in a

supplemental record.

We abate this appeal for the trial court to conduct a hearing to determine if

Appellee filed a trial brief at the October 12 hearing that was not included in the appellate

record and should have been included in the record. The trial court should hold the

hearing within 30 days from the date of this order. If the trial court determines that the

trial brief was properly filed and not included in the record, the trial court should then

determine what constitutes an accurate copy of the trial brief and supplement the record

accordingly. If the trial court determines that the trial brief was not properly filed, the

trial court shall prepare and file findings accordingly. The supplemental clerk’s record is

ordered to be filed within 45 days of the date of this Order. The motion to abate the

appeal is granted. Appellant filed his brief on January 28, 2019. Appellant will have 30

days after the supplemental clerk’s record is filed to make any necessary amendments to

the brief.

PER CURIAM

Before Chief Justice Gray, Justice Davis, and Justice Neill Motion granted; Appeal abated Order issued and filed February 27, 2019

In the Estate of Julia Lopez Page 2